Protecting Your Right to Compensation for Permanent Injuries in a South Carolina Car Crash

Tricks Used by Insurance Adjusters Following A South Carolina Car Accident

Despite the time it will take to predict your overall medical expenses, the insurance company’s adjusters could contact you soon after your accident, possibly when you’re in pain and/or on medication. Although they might call with a pretense of goodwill and concern about your health, the real purposes of the call could be to:

• Trick you into giving a recorded statement that could later be used to dispute your claim;
• Gain access to all your medical records to search for any pre-existing condition that might be blamed for your current injuries;
• Offer you a quick, low settlement that won’t even cover your economic damages.

You shouldn’t agree to a fast settlement under any circumstances. If you do, you won’t be able to claim any more compensation in the future, no matter how high your medical bills are or what complications arise. You have nothing to gain by rushing.

Other Sources of Compensation Following A South Carolina Car Accident

Of course, you might feel financial pressure when your medical bills start to come in, but you should resist settling for less than you deserve and accept the fact that your claim against the at-fault driver is going to take some time. Meanwhile, you have other sources of compensation to help you pay for damages: 

PIP/Med-Pay

The personal injury protection (PIP) or optional Med-Pay coverage on your own auto insurance policy will pay medical expenses up to your coverage limits. PIP can also be applied to lost wages but will charge you a deductible amount/co-payment, which Med-Pay will not. You don’t have to reimburse PIP or Med-Pay when you receive your settlement from the at-fault driver. 

Workers’ Compensation

Med-Pay won’t cover your medical expenses if your accident is work-related. In such a case, you should file a claim with the South Carolina Workers’ Compensation Commission (SCWCC). If the work-related crash was caused by a non-employee of your company, your attorney can help you to file a third-party suit against that at-fault driver. 

UM/UIM

Even if your claim against the at-fault driver is successful, the limits of the driver’s liability coverage might be less than your medical bills, especially if you have a permanent injury. If this happens, the uninsured motorist (UM) or underinsured motorist (UIM) coverage on your policy could pay your bills up to your coverage limits.

Health Insurance

You can also submit medical bills to your health insurance carrier. You’re likely to pay a co-payment/deductible amount, and the carrier may have a subrogation lien on your settlement from the at-fault driver when you receive it. That means that you’ll repay at least some portion of the money the company has spent on your bills. Your attorney can help to negotiate this repayment amount.

Lawsuits

If the at-fault driver’s insurance company does not offer you a reasonable settlement, your attorney can file a civil lawsuit and fight in court for the compensation you deserve. Depending on the details of your accident, your lawyer might also file one or more third-party suit against other defendants to bring your compensation up to a fair level:

• A business/social host that overserved the negligent driver in a DUI crash;
• A parts manufacturer if faulty equipment was to blame for your wreck;
• More than one defendant if you happened to be hit by a commercial vehicle;
• A government department if poor road conditions or traffic sign/signal issues caused your wreck.

Dealing with multiple defendants/insurance companies and finding every possible source of compensation is a job the average person cannot do well at the best of times. If you’re undergoing medical treatment and adjusting to a permanent injury, your attorney can handle the paperwork, bureaucracy, negotiations, and other hurdles to fight for a fair award.