Greenville Car Accident Case – Who Are You Actually Suing?

When you’re involved in a car accident case, you probably assume that your insurance company will take care of your medical bills. You may also believe they’ll pay to get your car fixed or replaced. If the other driver is at fault, then their insurance should pay your claim. You have no reason to think that you’ll be left holding the bag in a car accident case.

What a lot of people don’t understand is that insurance companies don’t always pay claims. There are a variety of reasons why they may deny your claim resulting in a car accident case. Some of these include the following:

  • The insurance policy wasn’t valid or had lapsed for non-payment
  • The insurance company believes you were at fault for the crash
  • The insurance adjuster does not believe you were hurt
  • You have a history of filing accident claims
  • The person driving the car did not have permission to drive it
  • You did not report the accident in a timely fashion
  • You have not supplied all of the required information

For some of these reasons, your Greenville car accident lawyer can appeal your claim. For example, if you simply are missing information your attorney can provide it to the insurance adjuster. For other reasons, it won’t be that easy. If the policy wasn’t valid, there’s nothing they can do to help you. You won’t have any choice but to file suit against the other driver. Thankfully, an experienced car accident attorney in South Carolina can help you do this.

The Other Driver’s Insurance Company Must Defend the Lawsuit

One of the benefits of having auto insurance in South Carolina is that your insurance company is required to defend the insured in the lawsuit. This means that you will be suing both the other driver and their insurance company. There is a reason for this. Let’s consider that the defendant’s insurance policy limit is $500,000. Let’s also consider that your damages are for over a million dollars. Once the insurance policy’s limits are reached, the defendant will become personally liable for the difference.

The insurance company’s hope is that they’ll be able to settle the car accident case for much less than your full demand. Your Greenville car accident lawyer understands this. They will also try to settle your case. Nobody wants to risk going to trial. There is simply too much at risk to do this. Trials are also very expensive and time-consuming. It’s in everyone’s best interest to settle the case long before it ever goes to court.

What Happens if the Other Driver Has No Insurance?

Everyone in South Carolina who drives a car is required to have auto insurance. This is so that, if they get into an accident, there is coverage for any damages or injuries caused in the accident. If someone chooses to drive without insurance, it can cause problems for them. But it can cause even bigger problems for you. If you’re injured in an accident in which the other driver has no insurance, your Greenville accident lawyer can help.

When you get your insurance policy, you’ll have something called uninsured motorists’ coverage. This is meant to kick in when the other driver has no insurance. It’s also the coverage you’ll use if you are involved in a hit and run accident. The problem is that this coverage is usually minimal. There’s a good chance you’ll still need to file a lawsuit against the other driver personally. Your attorney will help you through this process.

Contact an Experienced Greenville Car Accident Lawyer

If you get injured in a car accident, you need help. You need to focus on getting better and recovering from your injuries. The last thing you need to do is spend time fighting with the insurance companies in a car accident case. That’s why it’s a good idea to contact an experienced car accident lawyer in Greenville sooner rather than later. This way, you can be sure your claim will be handled properly from the start.

If you do need to file a car accident case, you’ll want a skilled professional by your side. Call our office and schedule your free initial consultation as soon as possible after your crash. You can sit down with a seasoned accident lawyer who’s handled cases like yours before. They’ll answer any questions you may have and ask a few of their own. They can also give you an idea of what your case may be worth. The consultation is free and you don’t pay a dime until your case settles.