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South Carolina Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for South Carolina on
Q: I was involved in an auto accident on 9/29/17. Is it too late to file a personal injury suit? My pain has worsened since

In addition, though I was not at fault and did not receive a citation, my driving record is showing me at fault causing my insurance rate to increase. How do I fix this?

Carole Jean Hayes
Carole Jean Hayes
answered on Jan 24, 2018

In TN, you have three years within which to file and serve a lawsuit (there are some exceptions such as if the at-fault party works for a municipality...). There are a few issues i can already see such as have you gone to the doctor yet? If not, that could be an issue. You really should simply... View More

1 Answer | Asked in Contracts, Car Accidents and Juvenile Law for South Carolina on
Q: If I'm 17 and drive ny parents car and break somethings on accident, do I legally have to pay them? Can they make me?

I'm 17 and I have been told I broke a few things in my car. One I will pay for, but the rest they claim I broke when I didn't. Can they legally make me pay for it, even though I'm underage and there was no contract?

Peter N. Munsing
Peter N. Munsing
answered on Jan 12, 2018

Technically they'd have to show it was you, but you need to decide how much you want to push the issue. You'd come off more mature saying that you didn't break the other items but you'll be glad to help out by paying them.

1 Answer | Asked in Car Accidents for South Carolina on
Q: If you settle from a car wreck and then receive a bill that was never seen before, is there anything that can be done?
Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

Generally no. Unless they never sent it to you, in which case you can claim it had to be sent sooner. It you settle its on you. If you had an attorney let them deal with it.

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Q: Accident after seizure

Son had a seizure while driving and struck another car. There were no physical injuries, but he was cited for crossing the yellow line.

His seizures had previously been well controlled with medication, and do not know why he had this seizure.

My question, do we go to court and... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

A seizure would be a "sudden emergency" which would let him off the hook for a civil case. As you have pointed out, in the citation that may stir up more dust than it's worth. Note that some state say doctors have to notify the state, in which case what you do in traffic court won't matter.

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Q: If driving and clip a car Am I required to stop in my lane and provide assistance or can I pull over to the side first?

Hypothetically speaking, If driving on the Interstate and I or somebody clips my car, am I required to first stop in my lane and provide assistance OR can I first, pull over to the side and THEN provide assistance? Any help is greatly appreciated.

Peter N. Munsing
Peter N. Munsing
answered on Dec 4, 2017

you would want to pull over--you can't stop on the interstate.

1 Answer | Asked in Car Accidents for South Carolina on
Q: I accidently backed into a parked vehicle and did very minor damage. Now im being harrassed for 700 for damages.

What do i do? The vehicle i was driving has liability insurance.

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Either you pay it and get a full release or turn it over to your company. You can't run into someone then kvetch about the damages. You broke it........you pay for it.

2 Answers | Asked in Car Accidents for South Carolina on
Q: Hello A uninsured moped driver hit my legally parked car. Does our uninsured motorist insurance have to pay?

Section 56-2-3010. (A) Beginning July 1, 2017, a moped operated on a public highway must be registered and licensed with the department in the same manner as passenger vehicles pursuant to this title.

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2017

It should, but (if that moped driver or his/her family) had auto insurance, it may be covered under that coverage. Hopefully, you have good insurance and they will pay.

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1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Q: I crashed my car into a tree 7 days ago and went to jail. I have not received any notification as to where it is.

*No towing sheet given.

*Are other people allowed to be released information on the vehicle such as stalker Mom (I am 30/31 on 8/22) with no claim to the vehicle whatsoever? --What privacy laws are there? How can I be charged for storage without any notification whatsoever all week?... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2017

Call the police department that arrested you. They MUST know where the vehicle was towed. Go get it, and limit your storage fees. State laws allow a tow company to SELL your vehicle, if not picked up within a certain number of days.

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for South Carolina on
Q: Do you think the judge will side with me?

The roads were sorta wet bc it rained earlier but not too bad. I slowed down for the deer but I almost hit it so I swerved and overcorrected and hit an embankment on the opposite side of the road. I was fined $155 and 2 points on my license. I don't see how this was my fault. My car was... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 6, 2017

Time to get a lawyer who handles tickets at the court you are headed to. Assume they had you going too fast.

Not a time to do it yourself.

1 Answer | Asked in Car Accidents for South Carolina on
Q: How can I get free or no cost defense in a law suit?

My brother doesn't have any money, a low paying job, his wife is on disability. He is being sued for an at fault accident that has already accepted his insurance. They are asking for compensation for a long list of things including him paying for their lawyer. He cant pay for one for himself.

Peter N. Munsing
Peter N. Munsing
answered on Aug 6, 2017

Assuming he has insurance, they should have gotten a release. He needs to talk to the insurance company lawyer they got him. If there's still a problem he needs to consult a member of the SC Assn for Justice that handles "bad faith" cases. Finally, if all else fails he can declare... View More

1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: I was hit by a person who deliberately went off the road to go around me. What can I do?

While inching slowly out of a business on a very narrow street, a person in an old car, not wanting to wait for me to exit on to the street, attempted to off the road to go around me, and struck my vehicle.

Peter N. Munsing
Peter N. Munsing
answered on Jul 12, 2017

You can make a claim for damage to your car and any injuries. Do not give recorded statements until you speak with a member of the SC Assn for Justice.They give free consults.

If you were hurt you need to see a doctor.

1 Answer | Asked in Traffic Tickets and Car Accidents for South Carolina on
Q: Need help with a citing situation.

I was passing a vehicle that was stopped in the road in a lane that was permissible for me to pass. The vehicle did not have a signal indicating they were turning. When I went to pass I used my signal and when I got a point of passing the vehicle they turned into me. I was cited for improper... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

There's going to be an argument. Plead not guilty. Contact a member of the SC Assn for Justice as you may have an injury claim. Give no statements to any insurance--tell yours you are fighting the citation and don't want to give a statement until you speak with your lawyer. Get a hold of... View More

1 Answer | Asked in Car Accidents and Consumer Law for South Carolina on
Q: What can I do if a mechanic tampers with the dash cams in my vehicle?

A mechanic tampered with my dash cams when I took my vehicle to be serviced. I have him on video and he said he never touch the cma.

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

Did he damage them? If not just don't go there again.

1 Answer | Asked in Car Accidents for South Carolina on
Q: hello,if one car was backing up and 1 backing out but the car that backed out hit the car that was backing up who"s at

fault if you are on private property? no one got a ticket but a police report was filed.

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

By backing out I assume you mean from a parking place? Both were at fault. Let the insurance companies hassle it out.

The car backing out has a slightly greater duty as 1)vision impaired 2) entering a lane for traffic.

However if the other car is backing, it is going in a direction...
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1 Answer | Asked in Car Accidents for South Carolina on
Q: We're personally being sued for a fender bender our insurance already settled. Do we hire a lawyer personally now?

Over a year ago, my husband got into a fender bender with the church's vehicle. Because he is on staff there and is on the insurance, the insurance company settled the claim already. However, now we are personally being sued for "pain and suffering" even though at the time of the... View More

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

You contact the insurance for the church that settled; you also contact your personal car insurance for the time of the wreck.You a)make copies of whatever you got b)make sure each adjuster gets a copy faxed, with claim number of that insurance company at the top of your enclosure letter and on top... View More

1 Answer | Asked in Car Accidents for South Carolina on
Q: If I am turning left at intersection & a car behind me side swipes my left trying to go straight, who has right of way?

Involved in a car accident in which we were stopped at a light waiting for green. It was a 3 lane road, with the left lane being a larger lane, but still one lane. Just after intersection it turns into 4 lanes. When the light turned green, I made to turn left in intersection. Car behind me had not... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

from your description other driver is in the wrong if he is behind you. If it was you vs oncoming traffic then as the left turn person it's on you. I would plead not guilty on the ticket. If yuu were injured, speak with a member of the SC Assn for Justice like Carl Jacobson in Charleston.

2 Answers | Asked in DUI / DWI and Car Accidents for South Carolina on
Q: A friend git charged with DUI she wasn't under the influence at that time she fell asleep at the wheel and wrecked her

Vehicle but they found a pipe in her pants pocket what should she do

Freddy Woods
Freddy Woods
answered on May 2, 2017

She definitely needs legal help. A lawyer could challenge the arrest and the video.

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1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Q: Do you have to slow down or stop when making a left turn from the middle/yellow lane, if the oncoming cars are far away?
Peter N. Munsing
Peter N. Munsing
answered on Mar 11, 2017

You need to read your rules of the road. In most states you pull up to the line, stop, then go. If they are far away, nothing happened, right? If something happened they weren't that far away, right? If yoiu got a ticket read your statute.Very closely.

1 Answer | Asked in Car Accidents for South Carolina on
Q: Do you have to have a hearing when you want to place someone in default?
Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2017

you have to notice a hearing on a default judgement but if it's just that they failed to file a pleading normally you serve a notice of intent to take default.

2 Answers | Asked in Car Accidents for South Carolina on
Q: I was on a car accident where I wasn't at fault. I'm uninsured can I be sued?
Brian Lehman
Brian Lehman
answered on Jan 28, 2017

Yes, you can still be sued.

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