Often after a car accident many people are confused with how to proceed, if they should contact their insurance, if they should sue the other driver, what they should sue them for, and if they would win a lawsuit. It is important to remember there are many resources available to you when dealing with a car accident. However, before taking any further steps it’s important to understand the concept of fault as it relates to accidents on the road.

Tort Based

The law of South Carolina follows a tort or “fault” law when analyzing personal injury cases, including car accidents. This helps decide how a person is compensated, or “made whole again.” To be made whole involves an attempt by the court to return the victim to their state before the accident occurred, and when that cannot be done, to properly compensate them for their loss.

This compensation can include damage to the car, injuries to the person, medical bills, etc. The costs must be due to the crash and many times the other side will argue these were preexisting conditions that their client should not have to pay for. This can also come about when negotiating with the insurance company about proper compensation.

These injuries must stem from the crash and be related to the incident in question. Often the liable party’s insurance will cover these costs, although that may take some negotiation with the insurance company or an admission of liability by the party at fault.

Recovering Compensation

Ultimately, there are three ways in South Carolina to get what you are owed.

First, you may file a claim with your car insurance, which will then seek reimbursement from the liable party’s insurance. By doing this you remove yourself (usually) from the scrape and allow the insurance companies to handle it. Second, you could file a claim against the other driver in court alleging certain damages and requesting compensation for those damages. This approach may end up costing you more, if you hire an attorney, however it is a solid approach if you are dealing with a driver who is refusing to take responsibility for what he did. Finally, you could file a claim with the other driver’s insurance company.

Different circumstance will lead to one of these options being the best option for you. You should seriously consider the pros and cons of all the options before deciding on which avenue to take.

Dealing with a car accident can be a difficult and confusing experienced. To be sure, whether you are injured in a car wreck or are accused of causing injury, navigating the courtroom and negotiation with insurance companies can be a hassle. Having an attorney who is an effective advocator and a relentless negotiator can be the difference of having a favorable outcome or not. The car accident attorneys at The Law Offices of Steven M Krause PA are experienced in negotiating a favorable settlement and if need be, in litigation to ensure you get the best outcome for your case. Our nuanced understanding of the law and car accidents in particular makes us the obvious choice for your legal issue.

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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.