If you need to seek financial compensation after a car accident in South Carolina, you can expect the insurance companies to fight your claim by all means available. The insurance companies always put their interests first in this scenario, and this means that their goal is to pay as little as possible.

One way the insurance companies fight accident victims’ claims is by blaming victims for their own injuries. If the insurance companies are accusing you of being partially responsible for your injuries (or if you have concerns about facing accusations of partial fault), here’s what you need to know:

South Carolina’s “Comparative Negligence” Law Applies

In this scenario, South Carolina’s “comparative negligence” law applies. This law has two key provisions that come into play when you are partially responsible for your injuries from a car accident:

  • If you are 50% or less at fault in a car accident, you are entitled to recover a portion of your losses based on your percentage of fault.
  • If you are 51% or more at fault in a car accident, you are not entitled to any financial compensation for your accident-related losses.

To see how the law works, we can look at a few hypothetical examples. First, let’s say you were injured in an accident that was entirely the other driver’s fault, and your losses from the accident total $100,000. Under these circumstances, you would be entitled to recover 100% of your losses, or the full $100,000 in financial and non-financial losses you have incurred.

Now, let’s say the accident was 25% your fault—maybe you were speeding slightly, but the driver who hit you was still primarily responsible. Under these circumstances, you would be entitled to recover 75% of your losses, for a total recovery of $75,000.

Finally, let’s say that you are deemed 51% at fault in the accident. You and the other driver both played a role, but your proportion of responsibility is determined to be slightly greater than that of the other driver. Since you were more than 50% at fault, you would not be entitled to recover any of your losses under South Carolina law.

How to Avoid Unjust Accusations of Partial Fault After a Car Accident in South Carolina

As you can see, South Carolina’s “comparative negligence” law can have a huge impact on your insurance claim after a car accident. With this in mind, it is critical that you do not let the insurance companies unjustly accuse you of being partially responsible for your own injuries.

How can you protect yourself if you are facing (or are concerned about facing) accusations of being partially at fault in a car accident? In this situation, it will be especially important for you to:

1. Hire a Lawyer to Investigate Your Car Accident Promptly

While the insurance companies will investigate your car accident (or at least they should), they will do so with their best interests in mind. Their investigation will most likely be relatively limited; and, once their investigation is complete, they will not provide you with any information beyond what is legally required.

When you hire a lawyer to represent you, your lawyer will focus on gathering all of the evidence needed to accurately assess your legal rights. Your lawyer can seek to gather evidence from numerous sources—including the other driver’s phone records, maintenance records, and receipts if necessary. Then, based on what your lawyer uncovers, you can make an informed decision about how much financial compensation you should seek for your accident-related losses.

2. Keep Any and All Evidence You Have in Your Possession

If you have any evidence in your possession, you should be sure to keep it safe until you can share it with your lawyer. Cell phone photos and videos, your copy of the police report, witnesses’ contact information, and vehicle debris or damaged personal items could all be critical for proving your legal rights. If you need to overcome accusations of partial fault, you will want to have as much evidence as possible at your disposal.

3. Make Sure Your Car Doesn’t Get Repaired Too Soon

This means that you should also make sure your car doesn’t get repaired too soon. The location and extent of the damage to your vehicle could be critical for proving your legal rights as well. Once you hire a lawyer to represent you, your lawyer will be able to send an investigator to document the damage, and then you can focus on getting your car back on the road.

4. Prioritize Your Medical Care

In addition to blaming victims for their own injuries, the insurance companies will often blame victims for exacerbating their injuries (and increasing the costs of their medical care) as well. You can help avoid this issue by seeking medical attention as soon after your car accident as possible. Once you have received a diagnosis and treatment plan from your doctor, follow your doctor’s advice, and do everything you can to recover as fully and quickly as possible.

5. Be Very Careful if You Talk to an Insurance Adjuster

Finally, you will want to be very careful if you speak with any insurance adjusters about your claim. No matter what they say, do not let them talk you into saying that you were (or even may have been) partially at fault in your car accident. This is a common insurance defense tactic; and, even if you are mistaken about what happened or who is to blame, you can expect the insurance companies to use your own words against you if they have any opportunity to do so.

Get Help from the South Carolina Car Accident Lawyers at DeLuca Maucher

If you need help protecting your legal rights after a car accident in South Carolina, we strongly encourage you to contact us right away. To speak with an experienced car accident lawyer at our offices in Mt. Pleasant or Goose Creek as soon as possible, call 843-572-1711 or tell us how we can reach you online today.