Uninsured / Underinsured Motorist Accidents
According to South Carolina law, drivers must carry a minimum of $25,000 in liability insurance coverage per injured party and $50,000 for a single accident. Drivers also must have uninsured (UM) coverage that provides for a minimum of $25,000 per injured party and $50,000 per accident. In addition, every insured driver may purchase optional underinsured coverage in varying amounts to protect against drivers who do not have sufficient liability insurance. This coverage may be added to the at-fault driver’s coverage in the event that it does not cover all of the costs arising from the collision. At the Knie & Shealy Law Offices, dedicated Greenville and Spartanburg car accident lawyer Patrick E. Knie has helped many South Carolina residents struck by uninsured or underinsured drivers with seeking the compensation that they deserve.Establishing Fault in an Accident Involving an Uninsured or Underinsured Motorist
Even if you have been involved in a car accident in which an underinsured or uninsured motorist was at fault, you may still be able to obtain compensation through your own insurance policy or a combination of your policy and the at-fault driver’s policy, if that policy is inadequate. However, this does not always happen without a fight. Often, a policy holder must bring a case against their own insurer, which stands in the shoes of the at-fault driver with regard to that driver’s liability.
In a dispute arising from an accident involving an uninsured or underinsured driver, you must prove that they were driving carelessly at the time that the crash occurred. In other words, you would try to show that they failed to handle their vehicle with the same reasonable care and skill that a prudent driver would have used. They might have been driving recklessly, driving under the influence, engaging in distracted driving, or violating basic traffic laws, such as by failing to yield the right of way or use turn signals. If the victim can show that the defendant violated an applicable law and that this violation resulted in the crash, it is likely that the defendant will be found negligent.
Some of the damages that may be sought in these cases include medical bills, lost wages, vehicle repairs, and the costs of future treatment. Plaintiffs also may seek compensation for less tangible losses, such as the pain and suffering that they experienced. A personal injury attorney can help establish the full extent of the damages that you incurred, often by introducing testimony from doctors or vocational rehabilitation experts. If the insurer fails to offer an appropriate settlement amount, your attorney can take your case to trial and potentially also bring a bad-faith claim against the insurer.Consult an Experienced Car Accident Lawyer in Greenville or Spartanburg
Car crashes are stressful, painful, and often costly. Spartanburg and Greenville car accident attorney Patrick E. Knie has provided knowledgeable legal counsel to victims throughout Union, Cherokee, Laurens, Greenville, and Spartanburg Counties. He understands what your family and you are experiencing. Our capable team can assist you with every aspect of the legal process, including trying to hold insurance companies to their obligations. Call us now at (864) 582-5118 or contact us online to set up a free consultation with a motor vehicle collision lawyer.