Automobile Accidents

Sadly, when someone is injured in a car accident there are various entities and companies out there that see nothing more than dollar signs. To most insurance companies, you are nothing but a number. At times medical providers will take advantage of you, running up unnecessary bills. Loan companies will seek you out knowing you may be unable to work and make ends meet. Unfortunately, to some attorneys that advertise on TV and billboards, you are also nothing more than a number.

The Feidler Law Firm takes pride in treating clients like family and only handling a small percentage of car accidents, so we can ensure our clients receive the best representation possible. We do not advertise on billboards or through catchy TV advertisements. We rely on referrals and honest people who want honest, real, and diligent representation.

Here are some things to remember if you are ever involved in a car accident:

1. If you have health insurance, make sure all your medical bills are submitted to your health insurance carrier. At times, medical providers may tell you that your health insurance carrier does not take care of medical bills associated with car accidents. This is not true. While health insurance benefits vary depending on your health insurance carrier, make sure your health provider has your health insurance information and forwards everything to your carrier.


2. You are not required to provide the at-fault driver’s insurance company with a recorded statement. You are not required to provide the at-fault driver’s insurance company with a recorded statement. The at-fault driver’s insurance company will hound you and consistently reach out to you but do not talk to them until you have talked with an experienced car accident attorney.


3. Automobile insurance may not be the only source of recovery and compensation for an injured individual. When an at-fault driver in South Carolina breaches their duty of care and injures you, the at-fault driver is responsible (liable) to you for those injuries. South Carolina personal injury law says you can recoup your losses, sometimes referred to as damages and/or injuries. Although South Carolina requires minimum liability insurance (covering $25,000 up to $50,000 in personal injury damages per person per accident and $25,000 in property damage), some scenarios require an experienced personal injury attorney to help recover additional compensation outside of the at-fault driver. For example, the minimum liability insurance (i.e. $25,000) may not cover costs for severe or catastrophic accident injuries and treatments, or perhaps the liable driver was not properly covered by insurance. (i.e. uninsured). Also, future earnings and expenses, as well as mental suffering may need to be factored into the considerations for compensation. Other scenarios may include a driver driving another person’s car or in a company car. In those scenarios, you may be able to collect from the at-fault driver’s insurance carrier and the company that employs the at-fault driver. There are also scenarios where the at-fault driver was drinking and driving, commonly referred to as dram shop liability. In those scenarios, there may be multiple liable parties including bars, restaurants, or event planners. Regardless of the scenario, calling an experienced attorney at Feidler Law Firm for a free consultation can ensure your rights are protected and you are able to find every possible source of recovery for your injuries.


4. Not every situation requires a personal injury attorney. Car accidents occur daily. Some accidents are catastrophic and cause severe injuries, while others are simply a fender bender where no one suffers any injuries. In situations where no one is injured and property damage is minimal, it is probably best to deal with it yourself. However, we certainly recommend you call our law firm so we can make you a recommendation. Calling our law firm is free and it does not hurt to consult an experienced personal injury attorney for a free consultation.


5. Statute of Limitations. In South Carolina, under the South Carolina Code of Laws Section 15-3-530, you have three years to file a car accident lawsuit against the responsible party. This limitation of time is commonly referred to as the “statute of limitations.” For injuries, property damage, and even wrongful death, the clock starts clicking on the day of the accident. If you do not file a lawsuit within the statute of limitations, you will almost certainly be forever barred from filing a lawsuit. That is why it is important to reach out to an experienced personal injury attorney immediately after your car accident.


6. Tax-free. Any monetary compensation you receive related to a car accident is completely tax-free. The only exception is punitive damages, which in certain circumstances may be awarded by a jury. Of course, we advise you to speak to an accountant or tax attorney if you have any questions related to taxes.


7. Partially to blame for the accident. Even if you are partially to blame for the accident, you may still be able to recover damages in a car accident lawsuit. South Carolina follows a “modified comparative negligence” rule, which means any award will be reduced by a percentage equal to your share of fault for the car accident. For instance, if you were involved in a car accident and suffered $100,000 worth of damages but were found to be 30% at fault, you would still recover $70,000. However, if your fault exceeds that of the other party, you will not be able to recover damages. For instance, if you were found to be anywhere between 51% - 100% at fault, you would not be able to recover damages.


8. You may be able to settle before a lawsuit is filed or before trial. The majority of car accident claims are settled through negotiations between your personal injury attorney and the opposition’s insurance company. However, when the insurance company does not offer you fair compensation or heavily contests your claim, filing a lawsuit and proceeding to trial may maximize your chances of being fairly compensated. There is no way to predict whether a lawsuit will be filed or whether a claim will proceed to trial.

That is why it is best to consult with an experienced personal injury attorney to get a better idea of what to expect, and understand all your options.