In South Carolina, passengers typically can file auto insurance claims to pursue compensation for their injuries after a car accident. They can do so regardless of which driver was at fault for the collision or what other liable parties contributed to the crash. However, passengers may face certain challenges in recovering the compensation they need, which is why working with an experienced car accident lawyer is essential.
Contact Jebaily Law Firm now for a free case review with one of our skilled personal injury attorneys. We’re ready to analyze the accident details, identify the potentially liable parties, and explain your options for seeking compensation.
When Can a Passenger File a Claim for Injuries in a South Carolina Car Crash?
A car passenger injury claim can result from any type of car accident, regardless of which vehicle the passenger was in. If you were in the not-at-fault driver’s vehicle, you can file a claim against the at-fault driver’s auto insurance policy. If you were in the at-fault driver’s vehicle, you can file a claim against their insurance policy.
Even if you were a passenger in a single-vehicle crash, you may be able to file a claim against the at-fault driver’s insurance or file a personal injury lawsuit against a third party that contributed to the incident, such as a government entity or vehicle manufacturer.
As long as you suffered injuries in the crash, you may be able to seek compensation for the losses you experienced related to those injuries.
Who Could Be Responsible for Passengers’ Injuries in a South Carolina Car Accident?
Depending on how the car accident occurred, various parties could be liable for a vehicle passenger’s injuries. Parties can even share liability, potentially requiring the injured passenger to file multiple insurance claims or third-party personal injury lawsuits to recover the full compensation they deserve.
Some of the parties commonly found liable for passengers’ injuries after car crashes in South Carolina include:
- The driver of the vehicle the passenger is in, if their actions caused or contributed to the crash
- The driver of another car that struck the vehicle the passenger is in
- The manufacturer of any vehicle involved in the crash, if a defective product caused or contributed to the accident
- The maintenance provider of any vehicle involved in the crash, if poor maintenance caused or contributed to the accident
- The government entity responsible for maintaining the road, if poor road conditions, such as large potholes, faded road lines, missing traffic signs, or faulty traffic signals, contributed to the accident
- Other third parties, such as a bar or social host who overserved an underage motorist who caused the crash
Our experienced car accident lawyers can investigate the crash to identify all potentially at-fault parties and gather the evidence needed to hold them liable for your injuries.
Will Auto Insurance Pay for Passenger Injuries in a South Carolina Car Crash?
South Carolina law requires all drivers to have liability and uninsured motorist coverage as part of their auto insurance policy. The minimum amounts of coverage required for both of these insurance types are:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
As a passenger, you can file an auto insurance claim against the liability coverage of the at-fault driver, regardless of whether it is the driver of the vehicle you were in or another vehicle’s operator. And if another driver is at fault and does not have auto insurance, you can file an uninsured motorist (UM) claim against the insurance policy of the driver whose vehicle you were in. If the at-fault driver has too little coverage, you might be entitled to file a claim for underinsured motorist coverage (UIM). In some circumstances, you might be able to access UM/UIM coverage on your auto insurance policy even if you were not driving.
Remember that the more injured parties there are, the less compensation you may be able to recover from a single liable party due to insurance policy limits. That is why it is important to identify all liable parties so that you can seek compensation from every available source of insurance coverage.
Available Compensation for a Passenger in a South Carolina Car Accident
As a passenger in a car accident, you can seek compensation for your various economic and non-economic losses. Economic losses are those with tangible value, while non-economic losses are those without a clear price tag attached. Some of the most common losses passengers seek compensation for include:
- Past and future medical expenses, including hospital stays, surgeries, prescription medications, medical treatments and devices, and physical therapy
- Lost wages and reduced future earning potential caused by the impact of your injuries on your ability to work at the level you did pre-injury
- Physical pain and suffering caused by your injuries
- Emotional distress, including anxiety and post-traumatic stress disorder (PTSD), was caused by the accident
- Permanent disability accommodations, such as modifying your home or vehicle to be wheelchair accessible
- Loss of enjoyment of life caused by your injuries, preventing you from engaging in various activities you enjoyed
It is essential to work with a skilled attorney who can help you seek fair compensation for your losses. That includes calculating or estimating the value of those losses and negotiating with the at-fault party’s insurance company.
Common Challenges Passengers Face in Car Accident Claims
Passengers injured in car accidents can face several challenges when seeking compensation, and South Carolina’s comparative negligence law can play a role in many of them. Under this law, at-fault parties are liable only for the degree of harm they caused. That means if multiple parties contributed to the accident, plaintiffs must identify and file claims against each of them to seek maximum compensation.
Additionally, insurance companies use this law to reduce the value of or deny claims. To recover compensation, you must be 50 percent or less at fault for your injuries, which is almost always the case for passengers. But if the insurance company claims you contributed to the accident by distracting the driver, for example, it may try to devalue your claim.
Get Help from a South Carolina Car Accident Attorney for Passenger Injury Claims
If you suffered injuries as a passenger in a South Carolina car accident, contact Jebaily Law Firm now to set up a free consultation with a skilled personal injury lawyer. Our firm has fought for South Carolina injury victims for over 50 years and has recovered millions for our deserving clients. Let us show you why our clients consistently recommend our firm to their friends and family.
