Car Accident Attorneys in Rock Hill, South Carolina

A car accident can be a life-altering experience. In particular, personal injuries can change a victim’s life overnight. That is why seeking compensation for personal injuries is only fair. However, knowing how and where to get started can sometimes be complicated.  

If you’re ready to start moving forward, we’re ready to help. At Duncan and Nobles LLC, our car accident attorneys strive to put you in a position to reach a favorable outcome, no matter your unique situation. We proudly serve individuals in Rock Hill and the rest of South Carolina, including Chester and Lancaster counties. Set up a one-on-one consultation with us today. 

Liability for Car Accidents in South Carolina 

In South Carolina, accident victims can seek compensation for personal injuries suffered in a car accident. Getting fair compensation begins with determining who is to blame in a car wreck. Like in other states, the basis of liability for a car accident in South Carolina is car driver negligence. Negligence refers to the driver at fault—or responsible—for the accident, which may involve careless driving, reckless driving, or anything else. 

Consider this example: A car runs a red light, causing an auto accident. The liable party is at fault because they failed to stop at a red light. Therefore, the at-fault driver may be liable for the material damages and personal injuries caused by the wreck. This situation allows accident victims to seek compensation for material damages and personal injuries. There are three specific ways auto accident victims can seek compensation: 

Filing a Claim Against Own Insurance 

Accident victims may file a claim against their own insurance to help cover medical expenses, such as hospital bills or medication. 

Filing a Claim Against the At-Fault Party’s Insurance  

Filing a claim against the at-fault party’s insurance is essential. The at-fault party is liable for covering material damages and personal injuries, since South Carolina is known as an “at-fault state.” However, proving the at-fault party’s negligence is critical in order to receive the compensation you deserve. 

Filing a Personal injury Lawsuit Against the At-Fault Party 

Filing a lawsuit against the at-fault party may be necessary when their insurance cannot sufficiently cover personal injuries or the insurer lowballs accident victims. Please bear in mind that insurers usually stall procedures, hoping that accident victims will give up. That is why enlisting the services of a skilled personal injury attorney helps accident victims find a path forward in the face of pressure from insurance companies. 

South Carolina Insurance Requirements 

South Carolina requires the following minimum auto insurance coverage: 

• $25,000 per person for bodily injuries. 

• $50,000 for all people involved in a single accident. 

• $25,000 for material damages in a single accident. 

• 25/50/25 coverage for uninsured motorists ($25,000 for personal injury, $50,000 for people involved, and $25,000 for material damages).  

Specifically, uninsured motorist coverage comes in handy when the liable party does not have insurance or in hit-and-run situations. 

Personal Injury Laws in South Carolina 

There are two key considerations regarding personal injury regulations in South Carolina: 

• Statute of limitations. The statute of limitation for personal injury claims in South Carolina is three years. This means that auto accident victims have three years to file a personal injury claim from the accident date. It’s important to reach out to an attorney to get the process started as soon as possible. 

• Comparative fault. The comparative fault or negligence rule means that at-fault drivers and victims can share fault in an accident. For instance, if it is determined that the victim is found 40% responsible for the accident, their total payout would be reduced by 40%. 

Filing a Wrongful Death Claim 

A wrongful death is always a tragedy, occurring when a person’s death—resulting from negligence on the part of an at-fault driver—could have been avoided. In other words, the death could have been avoided if the at-fault party had followed proper procedure. 

A wrongful death claim works in a similar way to a personal injury case. However, the difference is that relatives must file the wrongful death claim on behalf of the deceased party. Like personal injury claims, there is a three-year statute of limitations.  

The administrator of the deceased party’s estate must file the claim or lawsuit, and the deceased party’s surviving spouse, children, or parents are eligible to receive fair compensation. This compensation may cover material damages, medical expenses, funeral and burial costs, and pain and suffering.