You can get sued for a car accident, even if you have insurance. Much in the same vein, you can sue an at-fault driver based on an auto crash, regardless of whether or not they are insured. With help from a South Carolina car accident lawyer, you can determine if now is the best time to seek damages from anyone responsible for your auto collision.
If you want to learn more about whether someone can sue you for a car accident if you have insurance, consult with the team at the Shelly Leeke Law Firm. For more than a decade, we have provided legal guidance and support to auto accident victims and others dealing with personal injuries. For more information, get in touch with us.
Can Someone Sue You for a Car Accident if You Have Insurance
South Carolina requires drivers to have auto insurance coverage. If you drive a car, you must be covered under an insurance policy. You may meet the state’s insurance requirements but still get sued following an auto crash.
For example, a driver may say you crashed your car into theirs. They may pursue damages through an insurance claim, but you may not have enough coverage for all of their losses. In this scenario, the motorist may file a personal injury lawsuit in which they seek enough compensation to cover their losses.
Alternatively, there are times when you may have to file a lawsuit based on an auto accident. At these times, it may be beneficial to get help from the legal team at the Shelly Leeke Law Firm. Contact us today to speak with our South Carolina car accident attorney.
Who Pays Auto Accident Damages that Exceed an Insurance Policy’s Limits
In an auto crash case, the at-fault party may have to pay any damages that surpass their insurance policy’s limits. South Carolina has minimum automobile insurance requirements. These are:
- $25,000 per person for an injury to the body
- $50,000 for all people who get hurt in a single accident
- $25,000 for all property damage in a single accident
An auto accident victim may request damages for medical bills, lost wages, pain and suffering, and other economic and non-economic losses. Yet, there is no guarantee an at-fault driver’s insurance coverage will be enough to cover all of these losses. At this point, the victim may work with a car accident lawyer in South Carolina to seek compensation through a personal injury lawsuit.
Auto Insurance Policy Coverage for a Lawsuit
According to the South Carolina Department of Insurance (SCDOI), your liability insurance may cover your auto accident lawsuit. Your insurer may provide an attorney to represent you in a case where another motorist accuses you of negligence while driving your car. There may be no policy limit on how much the insurer must pay an attorney to represent you.
In the event that a car crash claim against you is settled or a court orders you to cover a victim’s losses, your insurer will pay up to your policy’s limit. You may have to pay the difference out of your own pocket. In a situation where a victim claims you intentionally hurt them or damaged their property, your insurer may refuse to defend you.
If someone tries to sue you based on an auto accident, it may be best to notify your insurance company right away. You may be able to receive help from a car accident lawyer in South Carolina who puts your best interests front and center. If you are the victim of an auto crash and want legal assistance, you may also want to connect with an attorney who has helped past clients achieve outstanding case results.
Can Someone Sue You for an Auto Accident if You вo Not Have Insurance
You may be unsure about what happens if an at-fault party does not have car insurance. It is a legal requirement to maintain a valid auto insurance policy. If you are at fault for a crash but do not have insurance coverage, the accident victim may be able to sue you for damages.
An auto accident victim may seek damages for lost wages, medical bills, and other quantifiable and subjective losses. You may hire a car accident attorney in South Carolina to represent you. With help from your lawyer, you may be able to dispute the victim’s claims or negotiate a settlement.
If you got hurt in an auto crash and the at-fault motorist is uninsured, an auto crash lawyer may be able to help you out. Your attorney can help you calculate your losses. They can work with you to submit a claim in alignment with South Carolina’s statute of limitations.
How Much Time a Person Has to File a Auto Crash Lawsuit
There is typically a three-year statute of limitations for a South Carolina personal injury claim. Anyone who suffers an injury in an auto crash may have up to three years to seek compensation from an at-fault party. If no claim is filed within this period, the accident victim may be responsible for their crash-related losses.
The amount of time a car accident claim takes to settle depends on the case. A car crash victim and the defendant in a case may go back and forth with settlement offers over the course of several weeks or months. If no agreement is reached, they may have to bring their case to trial to resolve it.
If you are filing a claim for auto accident damages, it may be helpful to work with an attorney who specializes in car crash claims. Your lawyer may help you file a claim before the statute of limitations to do so lapses. On top of that, they may work with you to build an argument that shows you are in no way responsible for your crash.
Request Help from a South Carolina Auto Accident Lawyer
The Shelly Leeke Law Firm has a proven track record of success in personal injury cases. With our no-win, no-fee guarantee, you do not have to pay us anything unless we win or settle your case. To schedule a free consultation with our car crash attorney, contact us today.
