Honest Answers From Your South Carolina Lawyer
When you’re faced with a major life event, you’re filled with questions and uncertainty. Get the straight answers you’re looking for from a South Carolina attorney.
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Can I make a claim or sue for a hit-and-run accident in South Carolina?
Yes, but South Carolina law contains some harsh requirements you need to know, or you will lose your rights:
- Report the accident to the police immediately. It’s best to notify the law enforcement agency that would ordinarily investigate the crash at its location. It could be local police, the sheriff’s department, or the highway patrol.
- If you suspect you know who hit you, or you know someone else like a witness who might know, report it. You can’t be careless in helping police determine the identity of the other car or the identity of the other driver.
- Here’s a shocking inside tip: if your crash wasn’t caused by physical contact with the unknown vehicle, you need an independent witness to the crash. What kinds of crashes are we talking about here? The classic example is getting run off the road into a tree by a driver who just keeps going. No, he never hit you, but he ran you into the tree. That witness must sign an affidavit—a sworn statement—describing the facts of the hit-and-run accident. The affidavit must contain a specific disclaimer: “A false statement concerning the facts contained in this affidavit may subject the person making the false statement to criminal penalties as provided by law.”
A Real Spoiler Alert: Where the Money Comes From
This is the first shock many victims get. The compensation for your injuries comes from your own policy. It’s good that the law provides the right to recover from a policy you paid for when you get victimized by an unknown driver. But, it soon becomes stunning for many victims when their own insurance company turns on them. That’s when many realize while the agent is their friend when she sells them the policy, the insurance company becomes an enemy when they try to use it.
These cases are like any other case. You’ve got to fight for yourself and make sure all your evidence is properly presented to give yourself the best shot at proper compensation. That’s why it's always a good idea to contact an experienced auto accident attorney before you consider dealing with the insurance claims rep, called an adjuster.
Going It Alone Can Get You Nothing, or Close to It
While the law seems to further victimize the victim, it’s got to be followed, or you could lose your right to compensation you might desperately need to repay medical bills and make up for lost income, not to mention what I call human loss and, potentially, what could be a huge issue in your case the insurance company will fight hard against—punitive damages.
If you’ve got questions about your auto accident case, download our FREE BOOK on crash cases.
My mom caused a wreck when I rode with her, and I got badly hurt. Do I still have a case?
Yes. There’s no legal exception for family members who hurt relatives by causing an auto accident. And there shouldn’t be—of all the people who should look after your safety, it’s your relatives!
You don’t have to worry about them paying your medical bills out of their own pockets, either. Their auto liability insurance will do that. By the way, you should use health insurance to pay your bills because it’s a good deal, and it helps you.
You may have access to more insurance than you think to help pay for your injuries. If you’re hurt bad enough, you hopefully have the most important auto insurance of all—underinsurance (UIM)—on your own policy.
If making this claim against a family member makes you uncomfortable, that’s natural. But should your discomfort keep you from replacing your losses, especially when it comes from insurance that’s paid for to cover them?
A chief unspoken benefit of having a lawyer you trust is that we take on the things that make you uncomfortable, so you don’t have to. We protect your rights to maximum compensation, search for all insurance that could cover your injuries, and handle the insurance representative who’s out to take advantage of you.
If you’ve got questions about a wreck, we know you need answers. That’s why I wrote a free book you can download called I Just Got In A South Carolina Car Accident, Now What? And you can always fill out our Get Help Now form to get answers from an experienced South Carolina car accident lawyer.
What’s the leading cause of motorcycle accidents?
It’s not riders. A 1998 study by the National Highway Transportation Safety Administration (NHTSA), a federal government agency, found the top cause of motorcycle accidents:
Other drivers (i.e. cars or trucks) who violate the rider’s right of way.
So take heed, cage drivers! Look out for motorcycles! NHTSA’s comprehensive analysis of the problem gives tips to help both drivers and motorcyclists avoid tragic or even fatal accidents:
- Drivers, avoid the deadliest of sins. Don't drive distracted. Cars and trucks present way too many options to develop fatal habits that take your attention off the road. When driving, just drive. No food, no phone calls, and certainly no texts. Just the road ahead.
- Riders should follow these tips and wear bright colors.
Need More Answers?
Motorcycle accident victims have lots of questions. And maybe, more importantly, there are questions you SHOULD ask but don’t know to since you’re not a professional in handling these cases. That’s why I wrote a free book on the subject, I Just Got in a South Carolina Car Accident, Now What?
If you want personal attention to your problem from an experienced motorcycle accident attorney, feel free to start a live chat right where you are to start addressing your concerns, building your case against the motorist who ignored and hurt you—and making it right.
What happens if I get in an auto accident with an Uber driver?
Uber and other rideshare services add tremendous comfort and convenience, and no one thinks about getting hurt using them.
But bad things happen occasionally—and unexpectedly. You can be hurt without warning by a traffic collision involving a rideshare vehicle. Even if it’s not the Uber driver’s fault, you need to know how your case works.
Here’s the most important, basic stuff about your Uber car accident case.
First Things First: Uber Insurance Coverage for Car Accidents
The most important question for injury victims or families who suffer wrongful death in a fatal accident is this one: What insurance covers an Uber accident?
Here’s how Uber covers its drivers as of March 1, 2018:
- If the driver’s Uber app is off, he’s offline. Only the driver’s personal insurance applies.
- If the driver’s Uber app is on but the driver has no passengers and is not on the way to get them, Uber’s coverage is a maximum of: $50,000 for any one victim, $100,000 for the whole crash, and $25,000 for property damage.
- If the Uber driver is carrying passengers or is on the way to get them, coverage is up to $1,000,000 for crashes caused by the Uber driver. And if the auto accident is not the Uber driver’s fault, there’s good news for victims: If the at-fault driver’s insurance isn’t enough to pay for your injuries or loss of a loved one, Uber provides a maximum of $1,000,000 extra coverage, called underinsurance.
- While riding with Uber, if you’re a victim of a hit and run or an at-fault driver with no insurance, Uber provides up to $1,000,000 uninsured coverage for injuries or wrongful death.
Your case may be further complicated by other insurance coverage from other drivers’ policies—including your own.
And That’s Only the Tip of the Iceberg
That’s only the beginning of issues you’ve got to contend with in your case. For more free info about your case, a good starting point is our car crash home page. Or you can download our FREE REPORT on South Carolina car crash cases. As always, if you’ve got specific questions, fill out our Get Help Now form on this page or just call 888-230-1841 to speak to an experienced auto accident attorney.
If I get hit by a car walking across the street or riding a bicycle, what rights do I have?
You have the same rights to be compensated as an innocent motorist or passenger in a typical car, truck, or motorcycle accident. Here are three important factors in your case:
If the accident is all or mostly your fault—for example, if you walked despite a “stop” signal on the crosswalk light or veered across three lanes of traffic on your bicycle—you cannot legally recover.
But even if you may have played a role in the crash, don’t be discouraged. Due to the rule of “comparative negligence,” you might still win compensation. To get your best shot at a recovery, you’ll need an experienced auto accident lawyer to convince the insurance company that its driver is most at fault.
Even if the driver’s fault is clear, it’s smart to consult an attorney to strategize the best way to maximize your financial recovery. Legal compensation is built from many details that have to be fully developed before the insurance company will part with its beloved cash to pay you.
Traffic accidents involving pedestrians or bicyclists often result in severe injuries or even death, especially if it involves a child. The worse the injuries, the greater potential to collect more compensation. As the value of your claim rises, it becomes more important to protect your rights to a fair recovery; at the same time, it becomes much harder for an untrained person to win the best available outcome.
Seriously hurt or grieving people have too much to worry about already. They can be overwhelmed by dealing with insurance company demands and by the insurance adjuster, who’s evaluated on how much he doesn’t pay out in claims. Insurance companies take advantage of amateur claimants, getting out cheap by forcing an unjustifiably low settlement when you’re just exhausted or don’t know any better.
It’s easy to overlook your rights in this situation, including the availability of all potential sources of financial recovery. Keep reading.
The primary source of recovery is auto insurance. Victims get paid first from the at-fault driver’s policy. You’ll need to be sure you know the maximum amount that policy will pay. An experienced auto accident attorney can help.
Finally, some good news. If needed, and if you bought the right coverage, you can use your OWN auto policy. If your case is that serious, you need a skilled attorney to review your coverage, then prove your rights to get as much as possible.
The Tip of the Iceberg
Remember, these are just three factors in your case; there are usually a lot more moving parts to manage than that. Don’t risk adding insult to injury by getting shortchanged by an insurance company or overlooking your coverage. Fill out our Get Help Now form to get your questions answered and start building your case today.
What do I do about fixing or replacing my vehicle after an accident?
That’s actually two questions. Welcome to the often-complicated world of auto insurance, where you’ll learn first-hand how hard insurance companies can be when you attempt to use their product as intended.
Here’s how a car, truck, or motorcycle accident property damage claim breaks down:
Which Insurance Do You File With?
You can file your property damage claim with your own auto insurance company or the at-fault driver’s. The biggest consideration here is, filing with your own company might get it done faster because you’re their customer. But your recovery may be limited by your policy.
Also, you’ll probably have to pay a deductible, meaning an amount insurance doesn’t cover. It’s usually $500 or so.
Your policy may have other limits on your recovery. Ask your insurance agent.
If you file with the at-fault driver’s insurance, you can expect to deal with an adjuster who’s not on your side. Here’s more on him, including whether you should contact an attorney before speaking with him and how to outwit adjusters and their tricks. For the most part, insurance companies usually handle property damage claims pretty fairly without the need of a lawyer—but don’t count on that for your injury case.
What Will a Property Damage Settlement Recover?
This is a list of items you might get if you make a claim against the at-fault driver:
- Repairs. If your car is repairable, you can recover the value of repairs, even if you don’t get them. But you need at least an estimate of the cost, done by a qualified mechanic.
- Vehicle replacement. If your vehicle is “totaled,” meaning totally destroyed or repairs exceed its fair market value, you can recover the fair market value of the vehicle on the date of the crash. A good source for estimates is Kelley Blue Book.
- Loss of use. This is compensation for the time you were deprived of the vehicle’s use while it was repaired or replaced. A good estimate of this is the cost of renting the same or similar vehicle. You might recover this even if you didn’t actually rent a car, or you borrowed someone else’s for free.
- Depreciation. This is for the reduction in fair market value after repairs. If your vehicle is in as good condition as before the crash, you don’t qualify for this.
- Punitive damages, in rare cases. This recovery is reserved for some of the worst behavior, usually criminal. If your car got wrecked by a DUI driver, you might qualify for punitive damages. But you can expect a big fight over it and you’ll likely need a lawyer to give you the best shot at obtaining them. We handle these cases differently than ordinary crash cases. Contact us by email, live chat, or calling (888) 230-1841 or (864) 582-0416 to find out more.
Get Help Using Insurance to Repair Your Vehicle After An Accident
If you’ve been involved in a serious accident, handling the property damage aspect may be the easiest part of your case. If you are overwhelmed with your injuries or the idea of handling the insurance company, you don’t have to go it alone. Send us an email or start a live chat right where you are so we can start answering your questions and point you in the right direction.
How will the insurance company contact me after I get hurt in an auto accident? What if I’m too hurt to talk about it?
The insurance company contacts you through its claims adjuster, also called claims rep or claims handler. The adjuster typically works for the liability insurance company of the at-fault driver who hurt you. Oddly, in an underinsurance or uninsured claim, the adjuster actually works for your insurance company.
Regardless of who he works for, the adjuster’s primary goal is very simple—get the insurance company out of this as quickly and cheaply as possible. The adjuster may be friendly, but he is not your friend. You must deal with him accordingly. Check out these typical tactics they use, and how to deal with them.
Here’s tips on whether you should speak to the adjuster now, or consider hiring someone to do it for you:
- If you have a simple claim—like you went to the ER and then a couple visits of physical therapy for a sore back—you may be able to handle the adjuster by yourself.
- If you have serious injuries, like a broken bone or anything requiring a referral to a specialist, you're a prime candidate for the adjuster to beat you into a quick, cheap settlement.
Your case will be more complicated from a medical standpoint, so you've got to know how to protect your rights to present it the right way in court. It's also important for you to know the true value of your case, so you don't get cheated out of compensation you could really use. Unlike the adjuster, you have no idea of what your case is worth, which can be more complicated than you think. And the key to getting a proper out of court settlement can often be showing the adjuster you're ready for court, with a convincing evidence package to prove it.
You owe it to yourself and your family to get your own professional on your side: an experienced car accident attorney. You need to focus on recovery and not worry about having your rights violated, or responding to repeated demands for information, or waiting for the adjuster to call you back.
- If you are unsure how seriously you are hurt, you risk torpedoing your claim by giving uncertain information to the adjuster. Like trying to be tough, telling him you feel okay, only to discover later you actually need a spinal operation. Yep, that’s happened.
Final analysis: If you are seriously hurt, unsure how your medical treatment will turn out, or unsure how to do deal with the adjuster, then don’t immediately talk to the adjuster.
Here's more info on the process to get your claim settled.
Remember: information is power, especially when you’re dealing with an experienced professional who’s handled potentially thousands of claims and is skilled at shortchanging injury victims like you. Talking to an experienced car accident lawyer first is in your best interest. At Holland & Usry, we help people like you. Contact us with a live chat or email to answer your questions, or even set up a free meeting to discuss your claim and evaluate every possible insurance policy that could provide money to help you. Even if we don’t accept your case or you decide not to hire us, it might give you peace of mind and some free pointers.
How will I know if I got hurt due to a defective car or truck?
If you’re asking, you should find out. The truth is, it’s hard to tell if cars are defective without engineering or industry experts, which an experienced injury lawyer can find. A commonsense rule is this: if you suffer injury or the death of a loved one from an inexplicable crash or failure of a safety device that should have prevented or minimized injury, you may have a case.
Here are common defective car cases:
- Defective airbags. Airbags don’t deploy in a serious crash, causing death, brain injuries, paralysis, broken or crushed jaws and faces, or chest crush injuries. Or sometimes they deploy improperly, shooting metal particles into victims’ faces like the Takata airbag. And sometimes they deploy for no reason at all, which could cause a serious or lethal traffic accident, facial burns, and broken bones in the face or jaw.
- Defective tires. Tire tread separation or blowouts can cause violent crashes with lethal or life-threatening injuries.
- Rollovers. Cars designed with faulty handling, suspension, or stability systems can tip over for no justifiable reason or from low speed fender-benders. Tragedy can result from rollover injuries, including paralysis or even death.
- Defective seatbelts. Safety latches fail to keep victims buckled in crashes, causing needless injury or worse.
- Defective door latches. A door opening for no reason while a car is in motion is scary. If it happens in a crash, a misadventure can become a catastrophe if a passenger is thrown out to crash onto pavement, down an embankment, or even get run over.
- Defective cruise control. If it doesn’t shut off when you tell it to, your car becomes an unstoppable menace until it meets an immovable object, like a stopped car or a tree, often causing a devastating crash.
- Extreme damage from low-speed wrecks. If damage to the car—and the occupants—is far greater than the impact justifies, the car may be defectively designed. Cases like this can feature crushed roofs when the car tips over, or intrusion by car components like the dash or door into its passengers.
- Fires. Movies are not real life. If a car explodes or bursts into flame from a little fender-bender or for no reason at all, there may be a defect explaining it.
Get Help By Helping Yourself
If you wonder whether you got hurt or lost a loved one because your car or truck is defective, take two simple steps that may save your case:
- Keep the car at a place where it can be protected from thieves and weather. Do not get it repaired before it can be examined thoroughly.
- Contact a personal injury lawyer to investigate your case.
When you come to Holland & Usry, PA, we begin with a free strategy session to get the facts and begin our investigation to protect your rights and get you some answers. Feel free to start with an email right where you are so we can schedule your free meeting. You can’t solve this yourself, and any calls to Detroit will go unanswered. You need a professional who can tell you whether you’ve got a legal case worth the investment of your time and who might just give you peace of mind, whether you have a case or not.
How can a defective, out-of-repair, or dangerous road cause a wreck?
Poor road conditions—like potholes, bumps, rutted or broken pavement, and unsafe roadside drop-offs—can cause tragic, even fatal car accidents in many ways.
Here are just a few examples of how dangerous road conditions can forever change the lives of innocent motorists:
- Improperly graded roads allow water to pool, creating dangerous hydroplaning.
- Overly steep drop-offs on the roadside can cause lethal rollovers where the "luckiest" result can be paralysis.
- Highway ruts where the pavement is scraped or worn off can cause a driver to lose control even at a safe speed and barrel off the side of the road into a tree.
- Inadequate warning signs—or no warning signs at all—can fail to alert the driver about road hazards. This applies just as much to temporary hazards like construction as it does to permanent dangers like bumps in the road. Think of the looming disaster posed if you are driving at highway speed when you hit an unmarked bump, or if you drive straight into a construction zone without any warning at all.
- Traffic lights where the timing is off are surprisingly dangerous. These may not give enough time for motorists to get through an intersection safely.
- Insufficient pedestrian signs or lights—or none at all—don’t give pedestrians enough time to cross an intersection safely, or fail to warn approaching motorists to look out for them.
- Insufficient guardrails or median barriers fail to prevent deadly crossover crashes. Instead, a car skids across the median and can’t stop before slamming headfirst into oncoming traffic.
Poor road conditions and improper signs are a deadly peril that can leave innocent motorists and passengers grievously hurt…or worse. If you think the condition of a road contributed to your car accident, an experienced injury lawyer who knows how to research the accident history of the road and gather the necessary experts to prove your case is exactly what you need.
Feel free to start a live chat with us right where you are to apply to be one of our clients. If we accept your case, rest assured you’ll get the care you need. We’ll do all we can to gather the proper evidence to help get your medical bills paid and get you the best possible financial settlement for a crash that should have been prevented by authorities- and anyone else who contributed to your harm.
Can a bar be held responsible if it over-serves an intoxicated person who, after leaving the bar, causes a drunk driving accident injuring another?
Yes. It is possible to hold a bar responsible when its staff over-serves individuals who go on to drive and hurt others.
South Carolina law prohibits a person or establishment licensed to sell alcohol from selling alcoholic beverages to persons in an intoxicated condition. If you prove that this occurred and you were injured by the over-served person, then the establishment or restaurant is negligent per se, or negligent by law.
This does two things: it proves negligence on the part of the establishment and it allows the you to seek punitive damages. Also, because South Carolina law treats conduct involving the use, sale, or possession of alcohol differently from other claims; if a jury attributes any fault to the restaurant or establishment, you may recover the entire award from them even if the jury finds the driver more at fault. This also means that the injured person may recover the entire amount awarded against the driver as well, if the jury finds the establishment more at fault. The reason this matters is because if the restaurant or bar has more insurance coverage than the driver or vice versa, you have a greater chance of recovering.
South Carolina refers to this as dram shop liability. An experienced law firm can help victims of drunk driving—whether a bar or restaurant contributed to the accident or not—be compensated for their injuries and losses.
If you or a loved one have been injured or you have lost a loved one due to a drunk driver, please contact the lawyers at Holland & Usry at 864.582.0416 or toll free at 888.230.1841 for your FREE, confidential consultation. For more information on injury cases download our free report.