South Carolina Car Accident Legal Questions

Yes you can, but I would recommend hiring a insurance lawyer for best results. Whether or not that attorney will take this case on a contingency basis is impossible to predict. This answer dos not create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G.Sribnick, Esq. insurance company litigator in Charleston, S.C.   Michael G. Sribnick, M.D., J.D., LLC... Read More

Your health insurance will cover it until you and a personal injury lawyer (you need one) receive a settlement or court judgement against the at fault driver.   This advice neither creates an attorney/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

If an insured driver ran into your home, you can recover from his/her auto insurance and your homeowners insurance depending on the policies, the amount of coverage,; the type of coverage etc.  You shoul speak to a personal injury lawyer as soon as possible. This answer neither constitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. automobile accident attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

Tort actions in South Carolina are brought directly against the "at Fault" party, not the insuring entity.   If the operator of the Hertz vehicle was a South Carolina resident, South Carolina would likely be the jurisdiction for the action.  I assume that if you are dealing with  property damage, the amount in controversy does not exceed $75,000 required for a diversity action in federal court.  ... Read More

The insurance company has a duty to compensate you enough money to theoretically "replace" your exact same car. They will estimate the value of a similar car with similar mileage, etc. and that's what they'll offer you up to your policy limits of course. It is possible that $3700 is a fair replacement value for your vehicle. The amount you paid and the amount it is worth are two different values. The insurance company is more concerned about their well-being than yours. That said, they will try to pay you as little as possible. It would be to your advantage to invlove an attorney. They probably will not take you very seriously on your own.... Read More

I have handled that kind of case before. If the other driver was found at fault, then the insurance must pay for satisfactory repairs. You can also try to get the diminution in value of what your vehicle was worth before the damage v. what it is worth now. There are cases in SC that keep the insurance companies on the level (i.e. Tyger River).... Read More

If you were in an accident while performing duties within the scope of your employment then yes, your employer should be liable for worker's comp, medical expenses, etc. so long as you were not grossly negligent in causing the accident. It's difficult to answer your question with the limited details you have provided. I would be happy to discuss the matter over the phone. I may be reachad at 843-225-2255.... Read More

You can be sued for anything. The question is whether or not te plaintiff will prevail on the merits of the action. You haven't provided enough information to give an answer. Were you issued a ticket and found at fault? Were you found guilty of the charge? Who is suing you? Is an insurance company suing you to get back damages it paid out? What were the circumstances of the incident?... Read More

I'm not sure I understand the situation. The not at fault driver's insurance company would ordinarily pay their client's bodili injury/property damage out of the uninsured motorist fund. They would then subrogate your insurance carrier but as you had no insurance, I don't understand who they are suing. If they are suing the driver of your vehicle personally, then that is his/her problem, not yours. If you can prove that the driver was operating your vehicle without your permission, than you may be releived of liability.... Read More

I think you answered your own question. I typically charge 1/3 of the entire recovery excluding property damage. An ideal settlement is 3X medical bills. That way you get 1/3, the medical bills are paid off and the attorney gets 1/3. It's worth retaining an attorney. The insurance company will have you chasing your tail until you either hire an attorney or give up in disgust. You'll probably walk away with more money even after paying an attorney than you would by taking this on yourself.... Read More

Damages are based on real injury. you want to spend 20000 dollars worth of attorney time, 20000 worth of your time and play the court game for the next year and a half or so, hire an expert witnesses for.several thousand dollars (engineer) and finally pay your doctor as your medical expert another couple thousand. Where is all this money and effort coming from and why?... Read More

The concept behind this practice is called subrogation.  Basically, since your insurance had to pay out money to the doctors for your injuries, they are entitled to a portion of your settlement to pay them back for money they spent on you that they should not have had to spend.  It is common practice in car accidents, but don't despair.  Your insurance company will want to know how much the settlement is, and what percentage cut your lawyer is getting, if you have one.  Your insurance company will use these two figures to decide how much they will require to be reimbursed for the money they have spent.  If that number seems too high, you can call the insurance company and see if they will take less.  ... Read More

First, let me say I am so sorry for your loss.  That should never happen to anyone.  If you do not have a lawyer it would be a very good idea to get one, as soon as possible.  No lawyer can bring back your husband, but what a lawyer can do for you is to protect your rights, and those of your husband's estate.  It may be possible to sue the driver and his insurance company.  You are a young woman and the reality is there will be bills to pay, possibly doctor and hospital bills, and you have to live while you get back on your feet.  The driver and his insurance company that took all that from you should be required to pay to help you get back on your feet.  You will want a lawyer to help you navigate all the paperwork and legal system to get you what you are entitled to.  ... Read More