Getting into a fender-bender can ruin your day, but without the help and advice of an attorney, the aftermath can ruin your next six months—or more. Even if it looks like there is no damage to either vehicle, and even if you think you’re not hurt, you may still be wondering, “Should I get a lawyer for a minor car accident?” There are several good reasons to have a Greenville car accident lawyer by your side after a collision.
What if the other driver blames you?
South Carolina is a modified comparative fault state for car accidents. This means that the driver who caused the accident is financially responsible for paying for the other person’s damages (car repairs, medical bills, etc.). So, you may think you can simply exchange contact and insurance information with the other driver and then file your claim with their insurance company, only to find out that the other driver told their insurance company that you caused the accident!
When you work with a car accident lawyer, they do their own investigation of the accident and its cause. If the other driver’s insurance company tries to pin the blame on you, your lawyer may have evidence supporting your side to present to the insurance adjuster. This can help push your claim through.
Is the car accident partly your fault?
Because South Carolina is a modified comparative negligence state for car accidents, you can claim damages from the other driver if you are less than 50% responsible for the wreck. However, if both drivers’ behavior contributed to the crash, it may be up to the courts to decide who shoulders the most responsibility.
For example, you turn left on a blinking yellow arrow when you get T-boned by another car speeding through the intersection. You should yield to oncoming cars when you turn with a blinking arrow, but the other driver shouldn’t have been speeding. If they were going the speed limit, you would have had enough time to turn. They wouldn’t have hit you if you had waited for a green arrow. Both of you are responsible, but who has the majority of the blame?
If you already hired a lawyer, they’ve likely started building the case against the other driver and have physical evidence, dashcam or traffic cam footage, and testimony from an accident reconstructionist to support your claim.
Your lawyer presents your case to the other driver’s insurance company and, if necessary, to a judge and jury.
The insurance company undervalues your claim
Minor accidents can still produce major damage. Whiplash, a minor concussion, and other soft tissue damage are common, and the symptoms may not present right away. A couple days after your wreck, you may realize you’re hurt badly enough to miss work or need medical care. The at-fault driver in your settlement should cover this.
Experienced car accident lawyers understand how to value claims like yours properly and can calculate the proper value for your damages, including missed time from work, repairing your car, paying for medical treatment, plus a fair amount for your pain and suffering. You can bet that the insurance carrier won’t offer you any money for the pain from your injuries, but you are entitled to claim non-economic damages like these, and your lawyer can support you in securing all damages available for your case.
Have you been in a minor car accident? We can help!
If you were involved in a minor car wreck and are unsure what to do next, contact the experienced attorneys at Smith Jordan Law for a free consultation. Call (864) 343-2222.
