How Comparative Negligence Affects Your Recovery Following A Charleston Area Car Accident

If you’re found partially at fault for your own accident, you may still file a claim for damages and go to court if necessary. South Carolina’s modified comparative fault system, however, will reduce your award according to your percentage of fault as long as you’re less than 51% responsible. If you’re 51% or more at fault, you will recover nothing at all. Calculating the percentage of fault is a very subjective process and depends upon your attorney’s presenting your evidence convincingly.

Your South Carolina Car Accident Lawyer Can Protect You From Insurance Company Tricks

If you’re injured by a negligent driver in Charleston, South Carolina law allows you to file a claim against that driver’s insurance company for your damages. Once you do so, an insurance adjuster from the company is likely to contact you, inquire about your health, and request answers to some “routine” questions. In reality, the adjuster is trying to get you to give a recorded statement and/or say something that can be used against you to dispute or devalue your claim. 

You might even be offered a quick settlement at this point if you agree to sign “necessary” documents. If you communicate openly with this adjuster and/or accept the first settlement you’re offered, it may be unfairly low. If you’ve retained an attorney, give only the most basic information and refer the adjuster to your car accident lawyer, who will know:

  • What to say/not to say to an adjuster
  • How to investigate your accident thoroughly
  • How to gather all your evidence and present it convincingly
  • How to evaluate your claim and put a dollar amount on your pain and suffering
  • How to calculate a fair settlement for your damages
  • How to send a demand letter to the insurance company
  • How to negotiate with the insurance company to get you adequate compensation
  • How to take your case to trial and fight for you in court if necessary

As soon as the insurance company knows you have an attorney to do all of the above and more, it has an incentive to offer you a sound settlement. 


Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.