If you want to file a claim for personal injury in South Carolina, there are two factors that must be present: liability, meaning fault, and damages meaning injuries.  If you were a passenger in a motor vehicle that was involved in a South Carolina car accident, liability will not be an issue because either driver may be liable for any injuries you suffer.

How to file a claim in South Carolina

In South Carolina, you will file your claim just as you would if you’d been driving one of the cars involved in the accident. 

If your South Carolina car accident involving two or more motor vehicles, you would file a claim against all the drivers. Take note, however, that if the accident was a rear-end collision, or it was clear that one of the drivers was not at fault for your injuries, you would not file a claim against that driver because clearly, they were not liable.

If you or a loved one was a passenger in a motor vehicle in South Carolina and involved in a car crash, it’s very important to get the insurance information from all of the drivers involved. Once you have this information, you can contact their individual insurance companies and file a claim.

Additionally, you should get medical attention as soon as possible after the South Carolina car accident, however, some injuries don’t show up until a day or two after your accident.  Don’t settle your claim with any insurance company until your medical treatment for the injuries you sustained in your South Carolina car accident is complete.

The Law Offices of Steven M. Krause P.A. recommend that if you are a passenger in a car accident and are injured, you should seek out an experienced, knowledgeable, and qualified personal injury attorney to assist you in filing your claims. Your attorney understands the complex personal injury laws of South Carolina and has the experience to negotiate with the insurance companies to get you the best possible compensation for your injuries.

South Carolina disputed liability in Car Accidents

If you are a passenger involved in a South Carolina multi-car accident and all of the driver’s dispute who is liable, it may delay how fast you will receive the compensation you deserve for your injuries.

In many cases, in South Carolina, the dispute is between the individual drivers and their insurance companies as to who was at fault for the accident that caused your injuries.

South Carolina joint Tortfeasor Liability

In some car accidents in South Carolina, the insurance company may think that both drivers are at fault for a car accident. When this happens, it can delay how fast you will be compensated for your injuries because they have to come to an agreement on what percentage of fault each driver has for your South Carolina car accident.

In South Carolina, where more than one driver may be responsible for your injuries, they are referred to as ‘joint tortfeasors’. Each of the drivers will be responsible for a percentage of your damages that is equal to their percentage of fault for the South Carolina car accident.

South Carolina multiple passenger Injury Claims

In some cases, in a South Carolina car accident, more than one passenger could be injured.  As a result, you and the other passengers who were injured could have a claim against the driver and/or drivers who were at fault for your injuries. If the total value of yours and the other passenger’s claims for personal injury are more than the at-fault driver’s insurance policy limits, then you and the other passengers may have to settle with the driver for less money than your injuries are worth.

Why you should hire a South Carolina Car Accident Attorney

The experienced attorneys at the Anderson, South Carolina law firm of The Law Offices of Steven M. Krause P.A., urge anyone who was a passenger in a South Carolina car accident and suffered injuries as a result, to hire a qualified personal injury attorney.

Additionally, if your claim involves a case of disputed liability or joint tortfeasors, then a knowledgeable South Carolina personal injury attorney will be able to use their experience and skill to negotiate with the insurance companies to make sure you receive all the compensation you deserve.

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.