Injured Passenger Rights in South Carolina

If you are a passenger in a South Carolina accident, you need to ensure that you will be treated fairly and cover your damages. The liability usually is not an issue because one of the drivers involved will be at fault and called to cover the injuries. However, there can be exceptions, like, for example, a tree falling on the street and causing an accident. In this case, the damages cannot be classified as the driver’s fault.

Often, the insurance companies are worried about the insured drivers’ interest and do not pay equal attention to covering the passengers’ damages.

Suppose you happen to be faced with an accident where you, unfortunately, were a passenger in the car. In that case, you need to seek advice from a South Carolina auto accident attorney to ensure that you get any compensation you deserve and cover your damages.

This article will discuss the legal options available to an injured passenger in a car accident in Greenville, SC.

Legal Options for Injured Passengers in Greenville

Depending on your case, a Greenville car accident lawyer can help you decide your strategy, based on who is responsible for the crash. Sometimes it can get even more complicated when a driver has no insurance or when a driver’s insurance can cover only part of your losses. You usually have the following options:

  • If you are a passenger in a vehicle where the driver is not at fault, then your target should be to claim compensation from the other driver liable for your injuries. There is also the possibility that your own driver’s benefits support medical payments and help you pay some of your first medical expenses.
  • Suppose the automobile you are a passenger in collides with an uninsured or underinsured driver, and their policy fails to cover your losses entirely. In that case, the option you may have is to claim damages from the insurance policy of the vehicle you were riding in. There are insurance policies planned to protect you when the other party cannot cover your damages. This does not imply blaming your driver.
  • If the motor vehicle accident happened due to the negligence of your driver, and there is a close relationship between you, whether you are friends or colleagues, you may be hesitant in claiming damages from them. Nevertheless, if your injuries need serious attention, the driver needs to accept the fact that you require to be compensated. You are not claiming compensation from their personal assets but their insurance company.
  • If both drivers are responsible for the auto accident, you can seek compensation from both parties. All drivers accountable for the accident can be liable for damages; therefore, as an injured passenger, you need to make sure you get the insurance information from all drivers involved in the car crash. South Carolina law allocates liability between the parties. In such a case, you can file claims for both insurance companies, and each will pay their share of liability.
  • If you suffer significant injuries and both drivers’ insurance policies are of the minimum required coverage of South Carolina law, you may need to depend on your own insurance, assuming you have one. If you do not own a car, or if you do not drive, this scenario is not an option for you.

What Damages Can You Recover as a Passenger?

Generally, passengers are innocent parties and cannot be assigned the blame for the car accident. This is good considering that South Carolina has a relatively low minimum level of insurance requirements. You have the right to claim financial compensation if you or somebody you love were injured in a Greenville car accident by someone’s negligent driving. You could seek damages for:

  • Loss of income or loss of employment
  • Expenses for medical care
  • Pain and suffering
  • Psychological distress

Insurance companies will try to convince you to sign a release as soon as possible. You should not sign anything before you consult a South Carolina auto accident lawyer. As a passenger in an automobile crash, you should seek medical care straight away and not settle your case until your treatment is complete.

Contact a South Carolina Accident Lawyer

Being involved in a South Carolina car accident as a passenger can be an upsetting and stressful period. At Hernandez & Cabra, we are ready to help you protect your rights and get the full compensation you deserve quickly and effectively. Call us now to book your free consultation appointment to discuss your case and the viable legal options that may be available.