If you’ve been injured in a car accident due to another driver’s negligence, you have the right to seek compensation for your losses by filing a claim with the at-fault driver’s insurance provider. However, if the at-fault driver is uninsured or leaves the scene without providing their insurance information, the situation becomes more complicated.
Fortunately, in Simpsonville, SC, uninsured motorist (UM) coverage can offer a solution. Working closely with an experienced Simpsonville uninsured motorist accident attorney is highly recommended to smooth the process and secure the compensation you deserve from this coverage.
How Our Simpsonville Uninsured Motorist Accident Attorneys Can Help You
In Simpsonville, South Carolina, the law follows the principle of comparative negligence, meaning that fault in a car accident is assigned by percentage. The amount of compensation you can claim is adjusted based on your degree of fault.
For instance, if another driver is found 100% at fault, you can pursue 100% of the damages. However, if they are only 80% at fault, you can only claim up to 80% of the damages.
Importantly, if you are found to be more than 50% at fault, you may not be able to recover any damages from an uninsured driver.
An experienced personal injury lawyer can play a vital role in building a strong case to assign more fault to the other driver, thereby increasing your potential compensation. Our skilled attorneys can help construct a comprehensive claim encompassing a variety of damages, such as:
- Car repair or replacement costs
- Medical expenses, both current and future
- Lost wages and future earning potential
- Pain and suffering
- Loss of consortium
- Punitive damages
South Carolina also permits the stacking of insurance policies, which can be particularly beneficial. This means that insurance coverage follows the policyholder rather than just the vehicle.
If you and your family members have multiple insurance policies with uninsured motorist coverage, you can combine these coverages. For example, if both you and your spouse have separate policies, you could potentially claim up to $25,000 in damages from each policy, even if the other car was not involved in the crash. However, the rules surrounding stacking can be complicated.
The knowledgeable attorneys at the CEO Lawyer Personal Injury Law Firm are here to help solve these complexities, ensuring that you maximize your compensation and understand all your options.
Why You Should Consider Hiring Our Simpsonville Uninsured Motorist Accident Law Firm?
Recovering damages from an accident with an uninsured driver can be a complex and challenging process. Consulting with an experienced Simpsonville car accident attorney can provide long-term assistance and guidance throughout this ordeal.
An attorney like Mr Ali Awad can help you understand the legal system with confidence. They will gather essential evidence, represent you in court if necessary, and explore all potential avenues for compensation.
For instance, if a defective auto part contributed to the accident, you might have a claim against the manufacturer.
Key Benefits of Hiring a Car Accident Attorney
- Comprehensive Case Management: Our lawyer ensures that no potential recovery avenues are overlooked. They will manage your case from start to finish, including meeting all legal deadlines and filing necessary documents on time.
- Thorough Investigation: Our attorney will conduct a detailed investigation to strengthen your claim. This includes collecting evidence, interviewing witnesses, and analyzing accident reports.
- Insurance Negotiations: Dealing with insurance companies can be challenging. Our attorney will handle all communications and negotiations with your insurer, striving for a fair settlement on your behalf.
- Legal Representation: If your case goes to court, having a skilled attorney is essential. Mr Ali Awad has the expertise to represent you effectively in litigation, ensuring your best interests are advocated for throughout the trial process.
What Uninsured Motorist Coverage is?
Uninsured motorist (UM) coverage is designed to protect you in the event of an accident with a driver who doesn’t have insurance. Unlike typical bodily injury claims, where you pursue compensation from the at-fault driver’s insurer, a UM claim is filed with your own insurance company.
However, it’s important to remember that your insurer will not necessarily act in your best interest despite being your provider.
When you file a UM claim, your insurance company essentially assumes the role of the uninsured, at-fault driver’s insurer. They will handle your claim as if they were a third-party insurance company scrutinizing your claim.
Given the complexities and potential challenges of UM claims, obtaining legal representation is vital. Just as you would avoid providing a recorded statement to the at-fault driver’s insurance company without consulting a lawyer, it’s equally important to take the same precautions with your insurer in a UM claim.
An attorney from our Simpsonville personal injury law firm can guide you through the process, ensuring your rights are protected and helping you secure the compensation you deserve.
Steps to Take After an Accident with an Uninsured Driver
Being involved in an accident with an uninsured driver can be daunting, but taking the right steps immediately can help protect your interests.
Here’s what you should do:
- Contact the Police and File a Report: Immediately call the police to the scene of the accident. Filing a police report is crucial as it provides an official record of the incident, which can be vital evidence in any future legal proceedings or insurance claims.
- Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. If you have uninsured motorist (UM) coverage, they will initiate a separate claim process for you. Although UM coverage is optional in some states, it is highly recommended as it offers additional protection in such situations.
- Gather Documentation: Collect and provide all necessary documentation to support your UM claim. This includes the police report, medical bills, repair estimates, and any other relevant evidence. Documentation is essential to substantiate your claim and expedite the process.
- Obtain the Other Driver’s Information: If possible, gather the uninsured driver’s details, such as their name, address, and contact information. In cases where the accident involves a hit-and-run driver, obtaining this information may not be possible, complicating the recovery process.
- Cooperate with the Investigation: Your insurance company will investigate your claim to determine if you are eligible for compensation. Be patient and cooperative during this process. Keep in mind that the initial compensation offer may be lower than expected, as UM claims are handled similarly to third-party claims.
- Seek Legal Advice: Following an uninsured motorist claim can be convoluted. Consulting with an experienced attorney from the CEO Lawyer Personal Injury Law Firm can provide beneficial guidance. An attorney can help ensure that your rights are protected and assist in negotiating a fair settlement.
Accidents with Uninsured Drivers Can Lead to Serious Injuries and Financial Strain
Accidents involving uninsured or underinsured drivers in Simpsonville, SC, can result in significant physical and financial challenges for drivers and passengers alike.
Here are some of the serious injuries that victims might sustain:
- Traumatic Brain Injuries (TBI): These occur from violent impacts or penetrating injuries to the head and can have severe, even fatal, consequences.
- Spinal Cord Injuries: Injuries to the spinal cord are critical and can lead to long-term disabilities, loss of muscle control, sensation, and partial or total paralysis.
- Soft Tissue Injuries: These include strains and sprains, which affect muscles, tendons, and ligaments. Severe tears may require surgical repair.
- Back and Neck Injuries: Common in car accidents, especially rear-end collisions, these injuries include whiplash and herniated discs. Symptoms like pain and soreness may not be immediately apparent and can become more pronounced days after the accident.
- Broken Bones: Accidents can result in fractures to various body parts such as legs, ribs, arms, ankles, or wrists. While some fractures heal with a cast, others require surgical intervention.
- Cuts and Lacerations: Although these injuries may seem superficial, they can be quite painful and may need emergency medical care.
- Limb Loss: Limbs may be severed during a crash or damaged severely enough to necessitate surgical amputation.
Victims of accidents caused by uninsured motorists not only face physical injuries but also endure substantial financial burdens.
Types of Uninsured Motorist Coverage in Simpsonville, SC
Uninsured motorist coverage comes in two primary forms:
- Uninsured Motorist Bodily Injury Coverage (UMBI): This type of coverage is designed to cover medical expenses, lost wages, and pain and suffering for you and your passengers following an accident caused by an uninsured driver. UMBI typically has two coverage limits: one for each person involved in the accident and one for the total per accident. For example, a policy with limits of $25,000 per person and $50,000 per accident would be written as 25/50. In some states, you can opt for a combined single limit for more flexibility.
- Uninsured Motorist Property Damage Coverage (UMPD): This coverage pays for the repair costs of your vehicle or other property damaged in an accident caused by an uninsured driver. In certain states, UMPD also covers damages from hit-and-run incidents. There may be a deductible, often up to $300, associated with this coverage.
Consequences of an Accident Without Insurance
There are severe penalties and other consequences for driving without insurance in Simpsonville, SC. Imagine yourself in an automobile accident without any insurance.
Then, depending on the particulars of the car collision, the difficulties can get even more complicated owing to possible legal and civil repercussions, which can be quite expensive.
Due to South Carolina’s fault-based car insurance system, the at-fault driver in a collision is responsible for any injuries or property damage sustained by the opposing party or parties. Usually, victims file a claim with the at-fault party’s insurance company, which pays for any additional cash losses as well as property damage (such as fixing the wrecked car).
Under normal circumstances, the claim would be processed as anticipated.
To recover their losses, the victims of a car crash may file a personal lawsuit against the at-fault party if they are uninsured. The at-fault party is required to cover all damages out of pocket if the victims prevail in their actions.
This financial burden is on top of the previously mentioned penalties, fees, and possible jail time.
Our Simpsonville Uninsured Motorist Accident Lawyer Can Help Ease the Confusion After an Accident!
Managing an uninsured motorist claim in Simpsonville, SC, can be challenging without professional assistance. If you’re unsure which insurance companies to contact, which forms to sign, or the amount of compensation you’re entitled to, seeking a free consultation from a car accident lawyer is advisable over relying on an insurance company that aims to minimize your payout.
The CEO Lawyer Personal Injury Law Firm has extensive experience handling similar cases and is ready to assist you and your family through the legal recovery process while you focus on healing. Our offices, conveniently located in Atlanta, GA, proudly serve the nearby areas of South Carolina.
Contact us today at (864) 664-3865 or fill out our form to arrange a free and confidential consultation.
