Far too often, a person’s car accident claim exceeds the insurance coverage that the at-fault driver has on their vehicle. When this happens, there are several things that can be done to try to get additional coverage for your damages.
A Greenville car accident lawyer from Smith Jordan Law can investigate your situation to discover your options and fight to get you fairly compensated.
What are South Carolina’s minimum car insurance limits?
South Carolina is one of 49 states that impose minimum auto insurance requirements on drivers. These requirements are:
- $25,000 and $50,000 in liability coverage per person/per accident for bodily injury
- $25,000 for property damage liability
- Uninsured motorist (UM) coverage equal to the minimum liability coverage amounts
Bodily injury liability coverage pays for medical expenses, lost income, and pain and suffering. Property damage coverage applies to any property that is damaged in a car accident- from damage to a vehicle or personal property to damage to buildings or other objects that are damaged in a car accident. Property damage coverage also covers things such as towing, rental cars, and loss of use.
Who pays for damages that exceed the at-fault driver’s coverage?
Car accidents can cause extensive injuries and property damage. Victims incur high medical bills, and time away from work to recover results in lost wages. Physical pain and financial strain can intensify the emotional trauma caused by the accident.
It’s easy to see that the value of damages in a personal injury case can quickly exceed the at-fault party’s coverage limits. A personal injury attorney can help you recover compensation from every available source so you are not left paying costs someone else caused. You should not bear the financial burdens caused by someone else’s negligence.
Other options
Your attorney can also explore other options for paying medical bills. Though not required, you can also purchase MedPay (Medical Payments) as part of your car insurance coverage. These policies go toward medical expenses.
An attorney can also negotiate with medical providers to work out a payment plan or reduce your costs. They may also arrange for medical liens, so payments don’t come due until you receive a settlement, and you don’t have to pay immediately out of your own pocket.
How does Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM) work in South Carolina?
South Carolina’s UM and UIM insurance coverage can help with damages when the at-fault driver is either uninsured or doesn’t have enough coverage to cover your damages. All car insurance policies issued in South Carolina are required to have UM coverage. Car insurance companies are also required to offer UIM coverage when selling a policy in South Carolina. If you are hit by an uninsured or underinsured driver, you may be able to collect under these coverages.
UM pays when the at-fault driver has no liability insurance or cannot be identified in certain situations. UIM helps when the at-fault driver’s liability limits are not enough to fully compensate your damages.
Can the at-fault driver be sued personally for the difference?
In South Carolina, like most states, when you file a lawsuit for a car accident, you file the suit against the at-fault driver and not their insurance company. The at-fault driver’s insurance company then has a duty to hire an attorney for their insured, defend the case, and pay any judgment up to their policy limits.
If the at-fault driver is uninsured, then you file a claim against them personally, and also serve your own insurance carrier for UM coverage. Your own insurance company then hires an attorney and defends the case. Your own insurance company looks out for its own interests, and not yours, and will defend a UM case just as vigorously as if you weren’t its insured. You can still go after the at-fault driver personally even if you settle with your UM carrier, but it is often not worth it as someone who is uninsured usually does not have the assets to pay a judgment.
If the at-fault driver is underinsured, then there are more things to consider. The at-fault driver’s insurance company has a duty to protect its insured. It will not pay out its liability limits unless you agree to a release or a covenant not to execute which protects its insured’s assets. It is usually the case that it is worth it to take the insurance liability limits instead of seeking to go after the insured personally. If you have UIM coverage, you can then make a claim for this over and above the at-fault driver’s liability coverage.
A personal injury lawyer can also check to see if the at fault driver has excess liability or umbrella coverage which applies to your claim. One job of a personal injury attorney is to find as much insurance coverage as possible to make sure that you are fully compensated for your damages.
You can only pursue a lawsuit if you file your claim within South Carolina’s three-year statute of limitations, established in S.C. Code §15-3-530. Missing this deadline could lead to a case dismissal. Still, never assume you have passed the deadline without speaking to a lawyer. Sometimes circumstances warrant an extension.
Why you shouldn’t accept the policy limits without a fight
An at-fault driver’s careless or reckless behavior behind the wheel can change your life for the worse. You’ll be in pain at least temporarily, but perhaps permanently. Your injuries may cause long-term disability, preventing you from working and supporting yourself and your family. They may make it impossible for you to engage in activities and enjoy life as you once did.
This injustice is further compounded if you end up paying for the damages you’ve suffered because the at-fault driver did not carry enough car insurance. Don’t accept policy limits without a fight. Instead, hire a personal injury attorney who can find solutions and fight for justice.
You may have grounds to file a claim against another entity. A vehicle defect could have contributed to the crash, and the vehicle manufacturer may be liable. If a faulty traffic signal contributed, the government agency responsible for its oversight may be culpable. Claims against a government agency work differently and move on a shorter clock, so it’s worth talking to a lawyer right away if a public entity may be involved. If there are other responsible parties, our team will identify them and demand accountability.
Insurance limits may not be the end of your recovery
Just because the at-fault driver’s auto insurance is not enough does not mean your case is over. One of the first things your attorney should do is look for every available source of compensation before deciding whether the driver’s policy limits are all that can be recovered.
Depending on the facts of your crash, there may be other insurance policies or responsible parties that can help cover your losses. For example:
- The at-fault driver may have an umbrella insurance policy that provides additional liability coverage beyond the auto policy.
- If the driver was working at the time of the crash, an employer may also share responsibility for your injuries.
- Another driver, a vehicle manufacturer, or another party may have contributed to the collision.
Finding these additional sources of recovery takes a careful investigation. At Smith Jordan Law, your attorney stays involved from the beginning of your case and works to identify every potential avenue for compensation before recommending whether to accept an insurance company’s offer.
Smith Jordan Law gets you compensation for all of your damages
When you hire Smith Jordan Law, an attorney stays involved in your case from beginning to end while looking for every available source of compensation. Call us at (864) 343-2222 or contact us online to arrange your free consultation. You do not have to settle for less. We’re ready to pursue every available source of compensation on your behalf.