The Driver that Hit Me in Greenwood, South Carolina Did Not Have Insurance. How Can I Collect My Damages?

You are on your lunch break in Greenwood, South Carolina, and leave the office to grab a quick bite to eat. As you return to your office, a driver runs a red light and hits your car. There is extensive damage to your vehicle, and you have what you suspect are minor injuries from the car accident. After the police arrive and you exchange all the necessary information with the other driver, you go to the hospital to seek treatment for your injuries. The next day when you try to contact the other driver’s insurance company, you discover their vehicle insurance is not active. What do you do to seek damages or compensation for your injuries? 

In the state of South Carolina, all motor vehicle drivers must carry liability insurance for their cars in case of an accident. Since the other driver does not have insurance and was driving illegally, it is a good idea for you to consult with a personal injury attorney to discuss your options. A lawyer will be able to tell you how you can collect for your property and personal injury damages. After discussing your case, the attorney will explain how you can proceed with a claim against the other driver and seek to recover compensation from your own insurance company and possibly the other driver as well. 

Greenwood, South Carolina Car Accident Negligence Laws

In Greenwood, South Carolina the law of negligence state that individuals have to conduct themselves in a manner that adheres to the laws of the state. The elements of negligence for individuals specify that:

  1. The driver of the other vehicle has a duty to you

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  2. The other driver failed to perform that duty to you
  3. The other driver’s action was a cause of the accident
  4. The other driver’s actions brought harm to you
  5. You have damages due to the actions of the other driver

In order to collect compensation for your damages in a car accident, you must prove the other driver was at fault for the collision. The negligence system for the state operates on a “comparative negligence” basis which means you may be able to collect some damages even if you are partly to blame for the car crash. You will, however, have to prove that you were less at fault than the other driver for the cause of the car accident.

What Damages Can I Collect for My Greenwood, South Carolina Accident?

After your accident there are basically two types of damages you may be eligible to collect. The damages  can be economic losses and non-economic damages, which are essentially more abstract damages that cannot be calculated with any monetary certainty. To give you a better understanding of the two types of damages, here are some examples.

Economic damages usually include:

  • Expenses for the repair of your vehicle
  • Expenses for your medical bills
  • Money to compensate you for income lost due to the accident

Non-economic damages usually include:

  • Money to compensate you for the physical pain you experience after the accident
  • Money to compensate you for losing the ability to enjoy your life as you had prior to the accident
  • Money to compensate you for losing the affection or companionship of your spouse due to your accident injuries

The best way to determine which type of damages you will be able to collect is to schedule an appointment with an attorney or a team of personal injury attorneys and discuss the specifics of your accident and your case. A lawyer will be able to fully evaluate the case and help you determine a fair value for all the damages related to your case.

How Long Do I Have to Seek Legal Action in my Greenwood, South Carolina Accident?

All states have a specific time period for accident victims to file a claim or a lawsuit for the damages or personal injuries. In Greenwood, South Carolina, generally you will have three years to pursue legal action and request compensation for your damages. You should seek help from a personal injury attorney if you are thinking about filing a lawsuit to make sure you are within the statute of limitations. Once that time period expires your opportunity to file a claim for damages is lost forever.  An early consultation with an attorney after the accident will help ensure that your claim handled professionally and timely before the statute of limitations expires.

How Can a South Carolina Personal Injury Attorney Help Me?

If you or someone you love suffers injuries in a car accident in South Carolina, a personal injury attorney will be able to use their resources to investigate your accident, review your medical documentation, and help you understand what will happen when you pursue the claim and possibly file a personal injury lawsuit. A lawyer will work with you to answer all the questions about your case and help you navigate the difficult and confusing legal system. An attorney will fight your legal battle with the insurance company and the other driver so you can focus on recuperating and getting back to good health.

Contact the Car Accident Lawyers at Ayers, Smithdeal & Bettis Today

A car accident can leave you with permanent and debilitating injuries. We are here to help you in your time of need and make sure you receive all the compensation you deserve to cover your injuries and property damages. We will work hard to get you the justice you deserve. Our attorneys care about our clients and want to see you get back on your feet as soon as possible. Call our office today so we can discuss your case and determine how we can assist you and your family.

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