South Carolina Car Accident Settlement Process and Timeline

South Carolina is known for its low country cuisine, beautiful beaches, and NASCAR action. Unfortunately, not all the hot-rodding takes place on the Darlington Raceway. South Carolina has more than its share of car accidents. 

If you are in a car accident in South Carolina, you should understand how the settlement process works. You should learn the steps you must take immediately after your crash.

If you still have questions about your car accident case, contact an experienced South Carolina car accident lawyer.

Do I Need to Report a Car Accident in South Carolina?

If you get into a car accident, the law requires that you report it. There are specific situations where you don't have to report the collision. But, for the most part, you need to err on the side of caution.

According to the South Carolina Code of Laws, Section 56-9-350, operators or owners of vehicles involved in an accident must submit a written report immediately. This report must include verification of the at-fault driver's liability insurance coverage.

You must file this report if any of the following exist:

• One of the drivers, passengers, or third parties suffer serious bodily injury or death
• There is more than $400 in property damage
• The police did not investigate the accident

Most people have no idea precisely how much property damage results from their car crash, nor can they be sure whether there were serious injuries. You're better off reporting the accident. The best way to do this is to call 911 immediately after the collision.

The attorney handling your car accident claim will need the police report to prove your case. Without it, you'll have difficulty proving the other driver was negligent.

South Carolina Car Insurance Laws

As with many other states, South Carolina has laws on drivers' financial responsibilities. These laws require drivers to maintain minimum coverage through their auto insurance policies.

South Carolina Code of Laws, Section 56-9-353, requires that drivers hold policies that cover:

• No less than $25,000 for bodily injury liability per person in a single accident
• No less than $50,000 for bodily injury liability per accident
• No less than $25,000 for injury or destruction of property of others in an accident

Many drivers choose to carry more than the bare minimum. If your insurance policy doesn't cover the total damages in a car accident, the courts may hold you liable for the difference.

How Do Car Accident Settlements Work in South Carolina?

The South Carolina car accident settlement process is like most other states. Since every car accident is different, it's impossible to know for sure how your case will work.

The process starts when you file a claim with the insurance company. An insurance claims adjuster investigates the incident and reviews the evidence you submit with your claim. The insurance adjuster will pay your claim, deny it, or offer a settlement.

You can submit a counteroffer if the offer does not cover your damages. You must provide the insurance carrier with more evidence supporting the higher settlement amount. It may take several rounds of negotiation before you reach an agreement. 

If you accept a settlement offer, you waive your ability to sue for damages. If you can't agree, your South Carolina car accident lawyer will file suit on your behalf.

What Is the Average Car Accident Settlement in South Carolina?

One of the first questions accident victims ask their personal injury attorney is how much their case is worth. This question is hard to answer, as your car accident settlement amount depends on several factors.

Some of these factors include:

• The nature and severity of your car accident injuries
• Whether you missed time from work
• If you become disabled as a result of the collision
• The pain and suffering you experience due to the accident

When you file your initial claim, you must demand damages. This is true for your insurance claim and personal injury lawsuit. 

Your personal injury lawyer will demand some (or all) of the following types of damages:

• Medical bills and future medical expenses
• Lost wages
• Lost future income
• Pain and suffering 

Once you determine how much your case is worth, negotiations will start. Even if you've sued the at-fault driver, your attorney will still try to settle your case. Any settlement offer you accept must provide fair compensation for your injuries and cover any of your out-of-pocket expenses.

How Long Do I Have to File a Car Accident Lawsuit in South Carolina?

States require that you file your lawsuit within a specific time frame. These "statutes of limitations" are important because the judge will dismiss your case if they lapse before you start your lawsuit.

You have three years in South Carolina to file your personal injury lawsuit. Under the South Carolina Code of Laws, Section 15-3-530, the clock starts on the date of your car crash.

Get Legal Help With the Settlement Process After a Car Accident in South Carolina

Dealing with insurance companies and state agencies after a car accident can add stress to an already stressful situation. A lawyer's help can make this process much more straightforward and help ensure that you receive fair compensation for your damages.  Ease some of your stress and speak to a skilled car accident attorney in South Carolina today.