One of the most common questions South Carolina auto accident lawyers hear pertains to how passengers will affect their auto accident case. It’s a great question because it comes up quite a bit. Of course, it completely depends on the case. In general, since South Carolina is a fault-based liability state; each driver is responsible for whatever injuries he or she causes. This means that if some other driver causes the collision, and your passenger is injured, then that other driver will be responsible for the injuries. However, this does not end the discussion.

Your Insurance May Cover Your Passengers’ Medical Bills

Many drivers choose to carry optional medical payments insurance. It’s a wise idea to carry this type of coverage, because it insures you and your passengers in the event of a crash. The beauty of medical payments insurance is that it is designed to immediately begin paying your medical bills (and your passengers’ medical bills) right away. This helps to avoid collections and damage to your credit. Here are some helpful facts about medical payments coverage:

• Pays faster than waiting on the at-fault driver
• Covers medical bills only (doesn’t cover property)
• Fault generally doesn’t matter

If you carry this type of coverage, then your passengers have a right to get their bills paid through this policy. If you and your passenger are able to make the other driver’s insurance company pay for your injuries, then your insurance company will usually require that you reimburse all or some of the benefit it paid. Still, it is a terrific benefit.

Your Insurance Might Pay if the At-Fault Party Was Uninsured or Underinsured

If your passenger is seriously injured, and it turns out that the at-fault driver did not carry insurance, your passenger may have 2 options. First, he or she can sue the other driver. Of course, if the other driver has no money or assets, this is usually a poor choice. The second option is to file a claim for “uninsured motorist coverage.: Depending on the specific contract language of your insurance policy, your passenger may be able to make a claim with your insurance company for compensation. This does not mean your passenger has to sue you or that you did anything wrong; it simply means that you opted to carry this type of coverage, and your passenger may have a right to use it.

The same is true when the other driver’s insurance is limited and cannot cover all the damages. If your passenger has more injuries than the at-fault driver’s insurance policy can cover, your underinsured coverage may kick in to pay the difference. This, of course, depends on how much of this type of coverage you choose to carry.

If You Are At-Fault

Of course, there are situations where you may be partially at fault for causing the wreck. Keep in mind that under South Carolina law, you can still collect for your injuries, even if you are partly to blame. But if this is the case, then your passenger’s injuries might be paid partly by the other driver’s insurance and partly by your liability coverage.

Getting Help With Multiple Injury Cases

Most auto accident cases are fairly simple to understand. One person was at fault, and another person was injured. Sometimes, however, there are numerous injured parties in multiple vehicles with several applicable insurance policies. Many insurance policies will be in conflict, and insurance adjusters may all be pointing fingers at each other, claiming that some other company should pay the claim. In these cases, it’s very important to hire an experienced auto crash lawyer.

If you and your passengers were hurt in a car crash in or around Anderson, SC, contact the knowledgeable team of attorneys at The Law Office of Stephen M Krause PA, P.A. to discuss your case and get help now.

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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.