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What You Need to Know About Car Accident Compensation

What You Need to Know About Car Accident Compensation
Resources & Guides Car Accidents Nov. 4 4 min read

Car accidents can be traumatic, life-altering events. Injuries due to crashes result in medical bills from surgeries and hospitalization, leading to missed work days. The combination of all these factors leaves a victim of a car accident spiraling as they try to recover from the aftermath. 

Car accident compensation is vital because of these issues. If you were involved in a serious accident that wasn’t your fault and led to severe injuries, you shouldn’t pay out of your pocket for the damage someone else caused. Here are some things you need to know about car accident compensation. 

Liability Insurance for Bodily Injury

In South Carolina, bodily injury liability is required insurance coverage. If you’ve been in an accident caused by an insured driver, you would be awarded compensation. Typically, the insurance policy covers damages for medical expenses, lost wages, and pain and suffering. In the case of fatal accidents, costs for the burial of a victim are also covered by bodily injury liability policies. The minimum policy required for bodily injury liability in South Carolina is $25,000 per person and $50,000 for all persons injured in one accident. 

Liability Insurance for Property Damage

The other type of liability insurance required in South Carolina is property damage. These policies cover damage done to a vehicle after an accident, including coverage for totaled vehicles and loss of value and use of a car. The required limit for this liability coverage is also $25,000 for all property damage in one accident.

Uninsured Motorists Coverage

This type of coverage directly protects the policyholder, and it provides compensation for those injured in an accident caused by an uninsured driver or if it was a hit-and-run accident. In South Carolina, uninsured motorists coverage is required by law in the amount of at least $25,000 per person, $50,000 for all injuries from one accident, and $25,000 for property damage for one accident. Typically, this coverage has a $200 deductible. 

Underinsured Motorists Coverage

While similar to uninsured motorist coverage, this type covers damage when the at-fault driver’s liability insurance does not cover all the damages. Unlike the previous types, this coverage is not required in South Carolina but can be purchased for the same amount as the liability coverage. 

Who Covers Car Accident Expenses?

Car Compensation claims work as an at-fault system in South Carolina, so who compensates who is dependent on who caused the accident. Once this is established, the person responsible covers the damage done. 

If your car accident claim proves that the other party was at least 50% responsible for the accident, you are eligible for compensation. This means that South Carolina has what’s called comparative negligence—meaning that even if you were partially at fault, you can still receive compensation. However, the amount you receive is reduced depending on what percentage was your fault. 

What Compensation Are You Entitled To?

Several factors determine how much compensation you are entitled to. A few are as follows:

  • Injuries Sustained: This is the most important factor to determine when making a compensation claim. The more severe your injuries are, the more compensation you could be entitled to, especially if complications develop that cause your condition to become permanent after an accident. 
  • Lost Wages: If healing from your injuries required you to take time off of work, you are entitled to compensation even if you were able to use sick leave and were paid by your employer during that time. 
  • Medical Expenses: For injuries that require hospitalization, physical therapy, medication, and other medical expenses, you are entitled to compensation. 
  • Pain and Suffering: This factor is more subjective than others as it is scaled based on different circumstances of your accident. Overall it’s meant to compensate you for the mental and emotional trauma you suffered due to the accident. 

Final Thoughts

If you are overwhelmed trying to handle all these factors of your accident, please know that it’s completely normal. This is why hiring a personal injury lawyer is highly recommended. Having an experienced professional who understands how insurance companies work will ensure you get a fair settlement for the damages you suffered.

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The information we provide does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. No attorney-client relationship is established when you submit the form, and you are under no obligation to retain an attorney who may contact you through this service. All claim reviews will be performed by a third-party attorney.