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Most days, you probably drive to work, pick up your kids from school, and head off to various activities without incident. When a car accident happens, it can catch you completely off guard when someone else causes it. One minute, you’re driving, following the speed limit and traffic signals, or simply sitting and waiting for your turn to go. The next, your car is crumpled up and your heart is racing from the adrenaline.
It’s a scary scenario, one that causes many accident victims to ask, “Do I need a lawyer for a not-at-fault car accident?” Armada Law is a personal injury law firm in Greenville that provides legal help for not-at-fault car accidents. In South Carolina, the laws can make navigating a car accident case complex. In this blog post, we discuss why you should consider hiring a personal injury lawyer to help you through the many challenges that tend to arise during the legal process.
Understanding Fault in Car Accidents
South Carolina uses an at-fault model for car accidents, which means that the driver who caused the accident is held responsible for the injuries and damages to the victims. If the accident wasn’t your fault, then the other driver’s insurance company will be responsible for compensating you.
That may seem simple enough but South Carolina follows a rule of modified comparative negligence. This rule allows for the possibility of all involved drivers to share some of the blame. In some car accidents, it may be crystal clear who caused the crash and who is at fault. For the majority, there tends to be a lot of finger-pointing, which can complicate matters, making it more difficult for you to recover the compensation you deserve for the expenses you’ve incurred. It’s the top reason why accident victims seek legal help for not-at-fault car accidents.
Common Challenges in No-Fault Car Accident Claims
When you’ve been in a car accident that you didn’t cause, you may think you can handle the car accident claim on your own. Unfortunately, many challenges can complicate the situation and make it difficult to get the money you are owed for your medical bills, lost wages, property damages, and other out-of-pocket expenses.
Denial or Reduction of Claims by Insurance Agencies
One of the top challenges faced by car accident victims who were in accidents that weren’t their fault involves the denial or reduction of claims by the insurers. When another person causes the accident, you need to file your injury claim with their insurance company.
The insurer will investigate the claim based on the evidence you have submitted. Much of the time, they will return with a settlement offer. This may seem like fantastic news, though you should be cautious before accepting it. Insurance companies will take full advantage especially when they know you do not have legal representation. They will offer you a sum of money that is insufficient to cover the expenses caused by their policyholder.
Additionally, they may even blame you by twisting your words or accusing you of partial fault in the crash. With the modified comparative negligence rule, this would reduce your settlement by your percentage of fault, giving you less than you deserve. In some cases, they use this tactic to assign you more than 50% of the blame, which will prevent you from being able to collect compensation if they issue a denial of your claim.
Delayed Processing of Claims
After your accident, you may feel as though you are stuck waiting for a response. Insurance companies may use the tactic to delay the processing of your claim for a variety of reasons. Most commonly, they will prolong the process to waste time and make it more likely for you to accept their low settlement offer.
The Severity of Your Injuries
While you’re trying to navigate the claims process, you may be contending with serious injuries. These injuries may be physically painful and emotionally taxing. You’re probably missing work and have to attend doctors’ appointments all while trying to find your way through this mess that someone else created.
As time moves on, you’re left with less time to take legal action. The state of South Carolina has a statute of limitations of three years from the date of your accident, which is the time limit allowed for you to proceed with litigation. Insurers try to drag things out as long as possible to get you to sign a release for a subpar settlement or make it more difficult for you to file a lawsuit. This is precisely why you will want to hire a car accident lawyer for no-fault claim representation from the start.
Benefits of Hiring a Car Accident Lawyer for No-Fault Claim Representation
When you ask yourself, “Do I need a lawyer for a not-at-fault car accident?” the answer will ultimately depend on the factors of your case. You may not need one for a minor fender bender that resulted in no injuries; however, if you’ve been seriously hurt, you should protect your best interests by hiring a car accident attorney.
Navigate Insurance Claims Effectively
When you hire an attorney to help from the start of filing your car accident claim with the at-fault party’s insurer, it keeps the process running smoothly. Insurance agents know that lawyers are fully aware of the tactics they use on car accident victims, and they won’t be able to get away with it. This also allows you the opportunity to focus on your healing and recovery in a way that simply isn’t possible when you’re trying to handle the situation on your own.
Ensuring All Legal Rights Are Protected and Pursued
Your car accident attorney will also protect your legal rights by investigating and gathering evidence to support your claim. They will fight for what is fair on your behalf and make sure that you aren’t blamed for an accident that wasn’t your fault.
Negotiating Settlements with Insurance Companies
Car accident lawyers know how to consider your economic damages, which are your tangible losses like medical bills, and calculate your non-economic damages such as your mental anguish and pain and suffering. They can determine what is fair in terms of compensation and negotiate to get you the right amount to make your life as whole again as possible after the accident.
In short, you’ll have a greater advantage when you level the playing field by hiring a lawyer who will fiercely advocate for you.
Steps to Take After a Greenville Car Accident
When you’re in a car accident that wasn’t your fault, the steps you take in the aftermath can have a big impact on your case. Here is what you should do to protect your legal rights:
Take Action to Ensure Your Safety
Those first few seconds after a car accident can be extremely frightening and overwhelming. Despite this, you must prioritize your safety as well as the safety of any passengers in your vehicle. If you can move out of harm’s way, do so after taking photos to show where the vehicles involved came to rest. Check yourself and your passengers for any injuries, and promptly call 911.
When the police arrive, they will create an accident report that documents what happened. This report can be a helpful piece of evidence when an officer cites the other driver for their negligent actions.
Get Medical Treatment
If you are hurt, let the 911 operator know and they will send emergency medical services to the scene. Many car accident victims assume they are fine when they don’t see any visible wounds but it’s a mistake to not get a medical evaluation. Serious injuries are often internal and require testing to diagnose. Delaying treatment could result in permanent effects from these injuries, and it could also make it more difficult to recover compensation.
Capture Evidence
You’ll want to take photos and videos of all vehicles involved as well as the surrounding area. Talk to witnesses and get their contact information. Don’t forget to exchange contact and insurance information with the other driver.
Contact a Car Accident Lawyer for a Legal Consultation
If you have been injured in a car accident that wasn’t your fault, it’s to your benefit to speak with a car accident attorney. They can evaluate your case and explain your legal options. You don’t want to waste time trying to negotiate with the insurer on your own. When you hire a lawyer, they will take over the claim process.
In most cases, an attorney can resolve these matters quickly and get you the most compensation possible. Additionally, in cases that involve severe injuries, you may not be able to get the evidence you need at the scene before being transported to the hospital. Armada Law steps in and stands up for victims in these legal scenarios to turn the tide. Contact us today to schedule a free consultation to discuss your no-fault car accident.
