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South Carolina Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for South Carolina on
Q: How do I go about filing an artribation so that liability can be determined?

August 8-I was in an accident. The FR 10 form and Traffic Collisiom Report put the other party at fault

August 20- Other party agreed to pay for damages out of his pocket to avoid it going on his insurance (This is a conversation between the other party, the insurance agent and myself)... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 13, 2019

A South Carolina attorney would be best suited to answer your question, but it remains open for three weeks. As a general matter, standard motor vehicle forms (depending on the jurisdiction - it's not a sure bet) sometimes contain information on their reverse sides on how to file for arbitration... Read more »

2 Answers | Asked in Civil Litigation and Car Accidents for South Carolina on
Q: Should I tell the adjuster about the conversation the insurance representative, the owner of the vehicle and myself had?

I was in an accident on 8/8/19 but I wasn't injured. The FR 10 shows the other party for being at fault. On the TR 310 form the other party admits to making a right turn on red while I had the left green protected area. On 8/15/19 I write the owner of the vehicle. I explained to the other party... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

You may but they won't care. Save it if you go to court.

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1 Answer | Asked in Car Accidents for South Carolina on
Q: What will be my next step when I win my case? Will I have to file another claim with their insurance company?

I was in an accident as shown on the FR 10 form due to the at fault party making a right turn on red while I had the left protected green arrow. Since my insurance claim was denied I just decided to sue the at fault driver for the damages on my vehicle. Once I win in court, what is my next step as... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Note my responses to your other posting on the same issue. If you win you have a judgment in the amount of your repairs. You can then get the company to pay.

Note however if you have other expenses--rental car etc--they need to be included. If you were injured, you need to see an attorney....
Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: Did I do an unsafe lane change? If so, explain.

I had the left protected green arrow. As I'm entering the intersection and almost to the median I see a vehicle doing a right turn on red. Rather than her turning into the right lane, as I thought she's supposed to do, she begins to go into the center lane. She's moving slowly. (I don't know if she... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

A claim denied isn't a legal finding. You need to see if there is video of the intersection covering the time involved.Do this ASAP as they aren't kept around for a long time as it eats up storage. A lot depends on who was where when. However South Carolina is, I believe, a comparative negligence... Read more »

2 Answers | Asked in Car Accidents for South Carolina on
Q: What is my next step if the other party's insurance companies doesn't accept liability?

I was in an accident on 8/8/2019. I filed a claim to get my vehicle fixed. I received an email from the claims adjuster that says "Thank you Ms. Kerns for the police report and for giving is your statement. Based on statements from both parties, the police report and photos of both cats we want to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

If you have collision on the policy, then go through your own and let them hassle it out. You want to get a copy of the police report. If necessary, sue them in court /small claims (depending on damage).

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3 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: I was a pedestrian in a private parking lot (my employer and working) while I was struck by a vehicle

that was backing up. An officer came and cited me as the contributer to the accident. The driver that hit me did not get cited. I have injuries, can I file a claim against his insurance for pain and suffering and loss of some wages? Workers comp is involved as well

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

Yes. If you need a good lawyer contact attorney Carl Jacobson in Charleston. Tell him I suggested you call.

In some states any wage loss on the policy will cover the 1/3 comp doesn't cover. However first see if there is video of the scene and ask for a copy--explain you got cited. Plead not...
Read more »

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1 Answer | Asked in Car Accidents for South Carolina on
Q: What is my next step?

I was in an accident on 8/8. The other party's insurance company finally contacted me on 8/20. The insurance company told me they would be keeping in contact with me to go through the claims process. I've heard nothing from them. Everytime I call I end up getting her voicemail. I have left several... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 30, 2019

I'm glad you were not injured in this accident. Yes, there are attorneys who handle property damages only. But they are generally not as prevalent as the ones who handle auto injury claims. You could look up South Carolina attorneys on this site, or you could conduct your own independent searches.... Read more »

2 Answers | Asked in Car Accidents for South Carolina on
Q: The other party's insurance company said they would be keeping in touch with me but I've heard nothing. Could I sue?

I was in an accident on 8/8. The other party's insurance contacted me on 8/20 and told me they would be keeping in touch with me. I've left her voicemails. She hasn't returned my calls. I just continue to get her voicemail which says "Welcome to our voicemail box system. You have reached the... Read more »

Titus Thomas Nichols
Titus Thomas Nichols answered on Aug 24, 2019

Don’t talk to the insurance company. They are only looking to string you along until you get frustrated and give up or say something that hurts your case.

You should seek at an attorney to assist you immediately.

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1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Involved in motorcycle vs pedestrian accident. Pedestrian died on the scene but was found to be at fault.

No insurance was carried by him so who is responsible for paying for my medical bills and pain and suffering?? My own insurance company?

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Your insurance. If you had uninsured motorist insurance on your vehicle that may cover you though I doubt it. Why not run that by Attorney Carl Jacobson in Charleston. He'll give you a free consult. Tell him I suggested you call.

1 Answer | Asked in Car Accidents for South Carolina on
Q: Could I use the estimate that includes all of the damage done to my vehicle by the at fault party?

I was in an accident on Thursday, August 8, at approximately 3:12PM. The insurance company listed on the FR-10 form is an insurance company that the owner hasn't had insurance with since 2018. The owner listed on the FR-10 form is not the real owner of the vehicle. I know that to be true due to the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2019

From what you've said, I don't see why not. However if the case is as you have stated, have you told the police so that they may investigate? If the person in fact has no insurance, in many states their license can be suspended if they refuse to pay.

As to the second estimate, you may use...
Read more »

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: I've found myself in a confusing situation between an Auto repair shop, insurance company, and car rental company.

.

Tim Akpinar
Tim Akpinar answered on Aug 14, 2019

It looks like there wasn't a question here - it's possible it inadvertently got left off. However, if you are having issues with these aspects of your case, an experienced South Carolina attorney who handles personal injury could give guidance on the property damage claim and your rental rights as... Read more »

2 Answers | Asked in Criminal Law, Car Accidents and Small Claims for South Carolina on
Q: Is it legal to take a picture of someone’s license plate at work? It’s for a hit and run I’m a victim of

A coworker hit my parked car and didn’t report it or give me her information and I want to take a picture of her license plate at work to proceed.

Gary Kollin
Gary Kollin answered on Jul 19, 2019

It is legal to take photographs of things in public

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2 Answers | Asked in Car Accidents for South Carolina on
Q: Ran into a mailbox, now I have a warrant!! What to do?

It was 1a.m, I was sleepy, my right headlight was out, I dozed off for a second too long and hit someone’s mailbox.. I didn’t want to wake the people up about the matter; my tire was flattened so I left my car at friends house close by and caught a ride home; my plans were to go back the next... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Jul 1, 2019

I would go to the police department as soon as possible and let them know exactly what happened. The sooner the better.

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2 Answers | Asked in Car Accidents for South Carolina on
Q: Does modifying your tail lights to say “LOL” make it so if I get in an accident, it can be used against me!?

The tail lights’ turning signals are untouched and are in no way modified. Just the surrounding light for practically running lights.

Peter N. Munsing
Peter N. Munsing answered on Jun 15, 2019

It won't enhance the penalties, assuming that having a distracting light isn't a violation of SC vehicle codes. However, if you are in a wreck and cause the wreck someone will make reference to it if they see it. It's like an aggressive bumper sticker--not illegal, won't change the fine or not, but... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
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?

Carole Jean Hayes
Carole Jean Hayes answered on Apr 22, 2019

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 »

1 Answer | Asked in Car Accidents for South Carolina on
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)

Carole Jean Hayes
Carole Jean Hayes answered on Apr 22, 2019

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 »

1 Answer | Asked in Car Accidents for South Carolina on
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

Tim Akpinar
Tim Akpinar answered on Jan 17, 2019

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 »

1 Answer | Asked in Car Accidents for South Carolina on
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 »

Peter N. Munsing
Peter N. Munsing answered on Dec 28, 2018

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.

2 Answers | Asked in Car Accidents for South Carolina on
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?

Titus Thomas Nichols
Titus Thomas Nichols answered on Aug 20, 2018

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.

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1 Answer | Asked in Car Accidents and Workers' Compensation for South Carolina on
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.

Peter N. Munsing
Peter N. Munsing answered on Aug 17, 2018

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.

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