What Is Comparative Negligence? How Does It Impact An Auto Accident Claim?
In a comparative negligence state like SC, you can still recover, even if you were partially at fault for the accident. Your recovery will be reduced by the amount that the judge or jury finds you responsible. Your right to recover ends if your negligence is found to be greater than the defendant’s.
How Should I Proceed With Filing A Claim When I Have Been Injured In An Auto Accident?
I urge you to speak with an attorney if the facts of wreck are disputed, or liability is denied. Otherwise gather information; photos of scene and witness contact info and keep all medical bills and where you have been treated. If injuries are serious you would do well to speak with an attorney to understand your options. The insurance company will not optimize your case. It is not their responsibility. I see it all the time.
Should I Notify My Own Insurance Company As Well As That Of The At Fault Driver In An Accident?
You are required to in S.C. by turning in the FR 10 the officer gave following the wreck. It is a good idea to notify your insurance company of any accident. If the defendant turns out to be uninsured, the sooner as you establish with your company that they will be picking up the claim, the better.
What Defense Do Insurance Companies Use To Avoid Paying Out On Claims?
- The trilogy: It wasn’t our fault! Second stage: Ok if it was our fault, your guy wasn’t hurt!
- Third: Ok if it was our fault, and your guy is hurt, it wasn’t by this wreck, hell he was already hurt before the wreck.
The first way insurance companies deny claims is by voiding the policy. If the policy has an excluded driver or premiums were not paid up, they may be able to cancel. If there is a driver who is not a permissive user or who is excluded under the terms of the policy, they will void the policy. If they are insured, the insurance company will often deny liability or minimize your injuries and the origin of the injury.
Can Someone Handle An Auto Accident Claim On Their Own Without An attorney If Liability Is Clear?
It is certainly legal. Perhaps the better question, is it a good idea? The carrier will pay you the least they can to get the release signed. If you are satisfied that you know the extent of your injuries and satisfied that the amount fairly compensates you then, it is your right to settle. If the case is denied or damages limited you may need an attorney to fight for you. Serious cases definitely warrant a sit down with an attorney competent to advise you and answer your questions. There are many considerations no one else would be aware of even existing. I am an attorney and I speak with people at least weekly that were seriously short changed through their own lack of knowledge in the past. Make your own decision but do so informed with the understanding of what your options and rights are.
This may help, I had been a pilot for several years when ultralight aircraft came on the scene. They were fun and exciting to fly. Friends would say they were going to buy one, and did not need a license to fly. Which was legal. I would reply you are certainly allowed to do that, but I strongly urge you first learn how to fly! You don’t need a license to fly an ultralight, but you do need to know how to fly!
For more information on Comparative Negligence in An Auto Accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 569-8666 today.
Call For A Free Consultation