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South Carolina Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: My son was in a motorcycle wreck on Saturday, that was caused by a boat seat. They wasn’t able to catch the driver.

His insurance company doesn’t want to file under his UIM cause the police officer didn’t put that information about the boat seat in the report. However the officer did state it in the newspaper and he took pictures at the scene. My son also has witnesses. What does he need to do?

Tim Akpinar
Tim Akpinar answered on May 29, 2020

I hope your son is okay. This is really a question that a South Carolina attorney could handle best, but your post remains open for four weeks. The long answer to your question involves examining the results of the crash site investigation. contacting those witnesses and gathering other evidence.... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for South Carolina on
Q: When I file a complaint in the court of common pleas in SC, how long after do I have to wait to send my interrogatories?

I had to file a lawsuit against two drivers that collided with eachother. I was at the red light when they hit each other and ended up hitting my car. Both of their insurance companies are disagreeing on the liability so my car is a total loss and has not been replaced and my medical bills are... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Apr 27, 2020

Some people actually send the discovery requests with the complaint when it gets served. I would suggest waiting until they file an answer, wherein they will probably deny everything, and then send the interrogatories, request for production of documents and anything else you might want to send... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: My summons is located at the usps in South Carolina, do I need to pick it up?
Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

You should. You didn't say if it was for a lawsuit or traffic court but if it's a lawsuit you need to get it to your insurance ASAP. If it's for court, you can't just ignore it, either way.

1 Answer | Asked in Car Accidents for South Carolina on
Q: I was In a car accident should I sue the other person insurance even if my damage is minimal

In the car was my children and my younger siblings. A total of 5 in my car the other driver was at fault

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If you your family were hurt, you need to at least get a consultation. I suggest you contact attorney Carl Jacobson in Charleston, an attorney of great experience who gives free consultations. Tell him I suggested you call. Don't give any statements or talk about where you hurt to any company... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: Drove bf car. Got into acct. He's telling ins comp that I didn't have permission to drive but I drive his car all the ti

Can ins comp have me arrested for theft even though he will not file claim with police

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

no but you may have other issues. You need to watch what statements you give--and which he gives. Do thank him for not filing charges. Thinking you have permission isn't theft--but talk to an injury attorney if it was someone else's fault and you were hurt.

1 Answer | Asked in Car Accidents for South Carolina on
Q: Took keys & drove car. Got into accident. Not on their insurance. But ins. Wants them to file theft but they won't.

Can ins. Comp. Have me arrested

Carole Jean Hayes
Carole Jean Hayes answered on Mar 24, 2020

If he was a permissive user, that means he had permission to use the car by the owner, or someone who had permission by the owner, he may be okay. The insurance company wants you to file charges against him so they don't have to pay the claim. If you contact an attorney I'm sure they... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: Can an insurance com.have someone arrested for taking a family members and getting into an accident.
Carole Jean Hayes
Carole Jean Hayes answered on Mar 24, 2020

Other illegal issues aside (drinking while driving, etc.,) If he was using the car with the permission of the owner, then perhaps not. You need to talk to an attorney and give more details but it is possible he will be ok. I wish you well.

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What should I do about receiving a settlement in my account but didnt sign the release form
Carole Jean Hayes
Carole Jean Hayes answered on Mar 12, 2020

It sounds like the insurance company along with its representatives may have failed to have you sign the release. If they ask you to sign it, I would suggest you do so. Any court will make you sign it. Otherwise, there really is no issue although you cannot again make another claim. That would be... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: I backed into somebody car. I was at fault. We talk right there when it happened and agreed to me giving him money later

He did not want to call the cops. Is there anything he can do about it now. He said he is calling the cops and reporting it after the fact. Can he file a claim against me?

Carole Jean Hayes
Carole Jean Hayes answered on Feb 26, 2020

Yes, he can call the police after the fact and have a report made. If he has gotten injured he can make a claim for any injuries and the damage to his car. Your insurance company will pay him, if appropriate, and your premiums will go up a bit.

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for South Carolina on
Q: I was in a car accident and was given a ticket of which the officer later dropped at traffic court. Can I now sue.

I was taken to hospital in an ambulance and car was totaled.

Matt Schmoldt
Matt Schmoldt answered on Jan 31, 2020

You should call a local injury lawyer and discuss your case with them. Even if the ticket was dropped, you may still be at fault for the accident in a civil case. The criminal court and the civil court are two different worlds. Your case involves a very fact specific inquiry. It is possible... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for South Carolina on
Q: My lawyer is rude and completely checked out of my personal injury claim..... What can I do?

I was hit by two trucks on my motorcycle waiting at a stoplight in January. I sustained spine injuries and my motorcycle was totaled. I retained an attorney three days after the accident and have yet to have settled the claim. In addition to the lack of sense of urgency my attorney is very... Read more »

Titus Thomas Nichols
Titus Thomas Nichols answered on Dec 18, 2019

This is a very sensitive subject. It is unfortunate that you feel this way, especially concerning such a severe case. It is best for you to speak with another attorney who is licensed to handle similar cases in South Carolina.

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2 Answers | Asked in Car Accidents for South Carolina on
Q: Was backing up on a public street, a car was pulled out from driveway and hit me am I at fault or are they at fault
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

A lot depends who was where when. Generally, you have the right of way and the person coming out of the driveway has to make way for you. Consult an attorney before you give any recorded statement. If you were hurt, give attorney Carl Jacobsen in Charleston a call--tell him I suggested you call.

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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... 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... 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... 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... 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... 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....
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... 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... 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... 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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