South Carolina Car Accidents Questions & Answers
Q: I'm Owner, adult son at fault for accident. Plaintiffs asking for more than limits on insurance.
Can they sue me for extra money?
Plaintiff attorneys often ask for more than policy limits even when we know the case may not be worth that much. So that does not automatically mean the case is worth that much. If the injured party has under-insurance coverage that would be next in line. For them to get money from you... Read more »
Q: My vehicle, adult son had accident. His fault. Vechile insured, he didn't know his lisc was suspended, can I be sued
License suspended because he stopped payments for his car insurance. I was just helping him out since his car was being repossessed (Bankruptcy)
Your auto insurance "follows the car" so as long as he was using your car with your permission, your insurance will pay for any claims that might be made against your policy by anyone alleging damages. The fact that he did not have a driver's license is a separate issue that he will have to handle... Read more »
Q: i was in an accident on 1/10/2019 .i was hit from behind while sitting at a stop sign there was no damage to my car.
Nor was the other car damaged..after i got a prolonged headache an went to the hospital on1/12/2019 but have not heard anything from the other insurance company
They may call you to ask about your injuries and how the accident occurred after verifying basic information with their insured. It's also possible they might not call you, depending on what they learned from their insured. Many South Carolina injury attorneys give free consultations. You could... Read more »
Q: Is it legal for an adjuster to contact my adjuster when I only filled against the parties insurance?
They refuse to pay claim stating that they have not contacted their client. I have a police report stating their client is the only contributor to the accident. Is this legal. Also, adjuster contacted wife and asked to take a statement but did not inform her that she could provide a written... Read more »
Adjusters can talk. Adjuster can ask your wife for a statement and she can refuse. The other insurance has 30 days usually to process the claim. Why not call a member of the SC Trial Lawyers like Chuck Jacobson in Charleston? Tell him I suggested you call. He'll give you a free consult.
Q: I was driving home last night and a car t boned me. It was about 8:10 when the accident happened. Maybe earlier.
The other driver ran the stop sign. And claimed he didnt see me because i didnt have my headlights on. It wasnt dark yet. The officer put us both at fault. How can he do that?
Many times the reporting officer is going off of incomplete information when they write the citation. It is important that you get an attorney to represent you that can conduct their own investigation into the situation.
Q: I am w/c from an auto accident at work. If I were to die, does my wife still have the ability to get some settlement.
I have incurred about $30K in medical bills in the last year, I have 2 herniated disc, doctor thinks I will need injection for rest of my life.
You need a good workers comp attorney. Contact Carl Jacobson in Charleston. Tell him I gave you his name. He'll address other claims besides comp you may have, etc. He gives free consultations. If you need his phone give me a ring.
All the best.
Q: What is the worst case scenario for a first time non insured accident that involved only the driver and our mailbox?
My husband is financing a car from carmax. He has not had insurance for a year so we have been using my truck. My truck was broken down the other night and my son needed medicine so my husband used his car. We never recieved a letter from SCDMV or carmax about the lack of insurance and his license... Read more »
First, he has in effect bought the car. Unless he wants to make a big deal in which case he can get the extra penalty.
Have it towed to a dealer or someone you would want to have fix it. Get an estimate. You'll have to pay so wait until you can pay.
Make your payments.... Read more »
Q: A guy runs a red light and T-Bone you. Can you sue his insurance company and do a personal suit against him?
You will want to consult with a Personal Injury attorney who is familiar with these types of cases. Although the driver is clearly at fault, his insurance company will not want to pay you a fair compensation.
Q: Can a sheriff have a vehicle towed,in SC after car breaking down for only 45mins.
We also ask to pay towing fee of $240 and they vehicle was only left less than 1hour can they do this
Unfortunately, without some kind of extenuating circumstances, they can do this as it impedes the flow of traffic. Check on your policy to see if you have towing coverage.
Q: I drive a company truck. Am I responsible to pay for any accidental damage done to the truck while on job?
I work for a pest control company. My boss gives me a work truck to drive to my jobs. I accidentally backed my work truck into a small tree I didn’t see while leaving a customers house, 2 years ago. It damaged the bumper. I put in my 2 weeks and today, the day before I’m supposed to leave my... Read more »
Not necessarily. If you are leaving, leave. He can try suing you but you were doing his business. Ask to see the estimates first--make copies. If he tries to sue you you have a defense. Was the bumper deformed?
Q: I was pulled out infront of in a construction zone with signs saying do not pass. Can you help
I drive a big industrial truck and I was headed home from work on the interstate it's a three lane I'm in the far right I am coming up to a construction zone and there are signs that say do not pass .I'm about to take a right and get over on the intersection and this guy whips infront ofme as I'm... Read more »
Generally do not pass refers to people passing on the left. If you're dash cam or intersection cam show him whipping in front of you, great! You may get a reduction in at fault. A lot depends on how the police write it up. See if there is an intersection cam--you have to do this ASAP as images get... Read more »
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?
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... Read more »
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?
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.
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... Read more »
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.
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?
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.
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.
you would want to pull over--you can't stop on the interstate.
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.
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.
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.
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.
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?... Read more »
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.
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.
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 bankruptcy... Read more »
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