Dealing with the aftermath of a car accident in South Carolina usually means dealing with the auto insurance companies. Unfortunately, this is easier said than done. Even if you are clearly entitled to insurance coverage, securing the coverage you deserve can be challenging—and the insurance companies are not on your side.
7 Important Facts About Filing an Auto Insurance Claim After a Car Accident
With this in mind, if you need to file an auto insurance claim, there is a lot you need to know. Here are seven important facts about filing an auto insurance claim after a car accident in South Carolina:
1. The Driver Who Hit You Should Have Liability Insurance
The first important fact to know is that the driver who hit you should have liability insurance. This is mandatory auto insurance under South Carolina law. Liability insurance provides coverage when the insured driver is at fault in a collision.
Policy limits for liability insurance can vary widely. Under South Carolina law, drivers must carry a minimum of $25,000 in property damage liability (PDL) insurance and $25,000 in bodily injury liability (BIL) insurance per person per accident. But, some drivers opt to carry additional coverage; and, if your property losses or the costs of your injuries exceed $25,000, it will be important for you to find out how much coverage is available.
2. Your Auto Insurance Policy May Also Apply
If you have auto insurance, your policy may also apply. While you will generally want to file under the other driver’s insurance policy if possible, it will be important to know whether you can file under your policy if necessary. If you are dealing with accident-related costs that you can’t cover on your own, now may be the time to take advantage of the coverage you’ve been paying for all these years.
3. You May Need to File Multiple Claims (with Multiple Insurance Companies)
Seeking to recover the costs of your car accident may involve filing multiple insurance claims. Depending on the circumstances, it may involve dealing with multiple insurance companies as well. Generally speaking, the types of auto insurance that provide coverage for victims’ costs after a car accident in South Carolina include:
- Property Damage Liability (PDL) – If the driver who hit you has property damage liability (PDL) insurance (as required by South Carolina law), you may need to file a PDL claim to seek coverage for the cost of repairing or replacing your vehicle.
- Collision Coverage – If the driver who hit you does not have PDL insurance (or if the driver’s PDL coverage isn’t enough), then you may need to file a collision claim under your auto insurance policy to get your vehicle repaired or replaced without paying the full cost out-of-pocket.
- Bodily Injury Liability (BIL) – Bodily injury liability (BIL) insurance provides coverage for the financial and non-financial costs of accident-related injuries. If you were injured in your car accident and the driver who hit you has BIL insurance, filing a BIL claim will be an important part of the recovery process.
- Personal Injury Protection (PIP) – Personal injury protection (PIP) provides coverage for certain injury-related costs. If you have PIP insurance under your auto insurance policy, you may be able to rely on this coverage while your BIL claim is pending.
- Uninsured/Underinsured Motorist (UIM) – Uninsured/underinsured motorist (UIM) coverage comes into play when an at-fault driver’s BIL coverage is not enough (or when an at-fault driver is uninsured). If you have UIM coverage under your policy and you can’t fully recover your injury-related losses through a BIL claim, filing a UIM claim will be an important part of the recovery process as well.
4. Different Types of Insurance Claims Require Different Types of Evidence
When you have a claim after a car accident, it is up to you to prove that you are entitled to coverage—and different types of insurance claims require different types of evidence.
Not only are property damage and personal injury claims different, but different types of injury-related claims require different types of evidence as well. For example, while PIP is “no fault” insurance (which means that your insurance company is supposed to pay regardless of fault), seeking BIL or UIM coverage requires evidence that proves the other driver is responsible for your injuries.
5. It Is Up to You to Prove How Much You Are Entitled to Recover
In addition to proving that you are entitled to coverage, you also need to be able to prove how much you are entitled to recover for your accident-related losses. The insurance companies are not going to accurately calculate your losses for you—especially when it comes to the long-term financial and non-financial costs of your accident-related injuries. To avoid settling for too little, you need to ensure that you have a clear and comprehensive understanding of the lifetime costs of your injuries.
6. Bad-Faith Insurance Practices Are a Very Real Concern
While the insurance companies aren’t required to calculate your losses for you, they are required to handle your claim in good faith. Unfortunately, bad-faith insurance practices are a very real concern. It is important to be aware of common bad-faith insurance tactics—and to make sure these tactics do not cause you to settle for less than you deserve.
7. Seeking Auto Insurance Coverage May Not Be Your Only Option
Finally, while most car accident claims involve dealing with the insurance companies, filing an auto insurance claim may not be your only option. If you have a claim against the other driver’s employer, a rideshare or delivery company, a vehicle manufacturer, or any other business or government entity, you may need to take very different steps to assert your legal rights.
Contact Us for a Free Consultation with a Car Accident Lawyer in Goose Creek or Mount Pleasant Today
Do you need to know more about how to assert your legal rights after a car accident in South Carolina? If so, we encourage you to contact us promptly. To speak with a car accident lawyer in Goose Creek or Mount Pleasant as soon as possible, call 843-572-1711 or request a free consultation online today.