A car crash can shake up your world in a matter of seconds. Whether it’s a fender-bender or a major collision, the aftermath can leave you confused, injured, and unsure of what steps to take next. In South Carolina, accident victims have specific rights under the law—and knowing these rights can be the key to recovering physically, emotionally, and financially. This article walks you through the legal options available to car accident victims in the Palmetto State and why legal support can make all the difference.
Understanding Fault in South Carolina Car Accidents
South Carolina follows a “modified comparative negligence” rule. That means you can still recover compensation even if you’re partially at fault—as long as you’re less than 51% responsible. However, your compensation will be reduced by your percentage of fault.
For example, if you’re found to be 20% at fault for a crash and your damages total $100,000, your compensation would be reduced to $80,000. Knowing how this law works is crucial when negotiating with insurers or presenting your case in court.
Immediate Steps After an Accident
Before diving into legal claims, it’s important to know the practical steps you should take immediately after a crash:
- Ensure safety: Move to a safe area if possible and check for injuries.
- Call 911: Report the accident to the police and request medical assistance if needed.
- Exchange information: Gather driver’s licenses, license plates, insurance information, and contact details.
- Document the scene: Take pictures of the vehicles, injuries, road conditions, and anything else relevant.
- Seek medical attention: Even if you feel okay, some injuries (like whiplash or internal trauma) can appear later.
- Report to insurance: Notify your insurance provider but avoid admitting fault or giving a recorded statement without consulting a lawyer.
Your Legal Rights as a Victim
In South Carolina, car accident victims may be entitled to several types of compensation, including:
- Medical expenses: Current and future medical treatments, hospital visits, and physical therapy.
- Lost wages: If your injuries prevent you from working, you may recover lost income.
- Pain and suffering: Physical pain, mental anguish, and emotional distress.
- Property damage: Costs of repairing or replacing your vehicle.
- Punitive damages: In cases of egregious negligence, such as drunk driving.
Each case is unique, and having a legal professional assess your situation ensures you pursue the compensation you deserve.
Dealing with Insurance Companies
Insurance companies are not on your side. Their goal is to minimize payouts, often offering quick settlements that don’t reflect the true value of your losses. Accepting a settlement too early can leave you covering long-term costs out-of-pocket.
An experienced personal injury attorney can:
- Evaluate your case value
- Handle all insurance communications
- Protect you from manipulative tactics
- Negotiate for a fair settlement
When to File a Personal Injury Claim
In many cases, a car accident claim can be resolved through insurance. However, if the insurance company refuses to offer fair compensation—or if the at-fault driver is uninsured or underinsured—you may need to file a personal injury lawsuit.
South Carolina gives you three years from the date of the accident to file a lawsuit (Statute of Limitations). Waiting too long can mean forfeiting your right to compensation entirely.
What If the At-Fault Driver Was Uninsured?
South Carolina requires drivers to carry uninsured motorist (UM) coverage, which helps cover your injuries and damages if the at-fault driver lacks insurance. You can also opt for underinsured motorist (UIM) coverage, which helps when the other driver’s insurance doesn’t fully cover your losses.
Even with this protection, insurers may attempt to pay less than what you’re owed. Legal representation is crucial in these situations.
The Role of a Car Accident Attorney
Navigating a car accident claim involves a lot of moving parts: medical records, accident reports, insurance negotiations, and sometimes even courtroom proceedings. A personal injury attorney brings structure to the chaos.
Here’s how an attorney can help:
- Case evaluation: Determine the strength of your claim and advise on next steps.
- Evidence gathering: Secure documentation, eyewitness accounts, and expert testimony.
- Medical support: Connect you with medical professionals and ensure your injuries are well-documented.
- Representation: Whether negotiating or litigating, your attorney becomes your advocate.
Meet Mo Abusaft: Fighting for South Carolina Car Accident Victims
Mo Abusaft is a name you can trust when it comes to personal injury cases in South Carolina. Known for his thorough case preparation and unwavering commitment to justice, Mo provides personalized legal care for every client.
Clients appreciate his:
- Deep knowledge of South Carolina traffic and injury laws
- Relentless negotiation tactics
- Trial-readiness in tough cases
- Transparent communication and compassion
Whether you’re dealing with minor injuries or long-term disabilities, Mo Abusaft fights to secure every dollar you deserve.
Common Car Accident Injuries
The severity of your injury can impact not only your quality of life but also the value of your legal claim. Common injuries from car accidents include:
- Whiplash and soft tissue injuries
- Fractures and broken bones
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Internal organ damage
- Emotional trauma and PTSD
Your attorney will work closely with medical experts to link your injuries to the accident and demonstrate their long-term effects.
What If You Were a Passenger?
Passengers injured in a car crash also have the right to seek compensation—often through the driver’s insurance. Whether your friend or a rideshare driver was at fault, your Personal Injury Attorney south carolina will guide you through filing the appropriate claims.
Conclusion: Take Control of Your Future
Being in a car accident is stressful enough. Don’t let confusion about your rights make it worse. As a South Carolina car accident victim, you have legal options to secure compensation and protect your future.
Partnering with a seasoned attorney like  Mo Abusaft ensures your voice is heard and your losses are taken seriously. Whether you’re at the start of your recovery or already battling with insurance companies, it’s never too late to get help.
Â