South Carolina Car Accident Legal Questions

A car is totaled if it costs more to fix it than it is worth. It does not matter if it is drivable. Have to pay the lesser of the cost of repair or the value of your car. If your car is worth 2,000 or less, and it costs more than that to fix it, it is by definition, totaled. However, you can request that they give you the fair market value of your car (which they deem to be 2,000) less salvage value (probably 400 to 500, and let you keep the car. If you have evidence that your car is worth more than 2,000.00 (look up Kelly or NADA book values) then you can argue for more. The reason they have a right to deduct the salvage value is that when they pay you the fair market value, they have bought the car from you and are entitled to any salvage value.... Read More

In California, the person who sues, has to name and serve the person who was in the accident in order to "get to the insurance policy" in court. The person who is making the claim cannot simply sue the insurance company. Your insurance carrier will provide you with a defense, meaning a lawyer, to defend you and should pay the legal bills on your behalf.... Read More

Three years from the date of the accident. However, in order to recover for damages you will need to prove the other party ( the other driver) owed a duty to you, the duty was breached, and as a proximate cause of the breach of the duty you sustained the injuries you speak of. Multiple defenses exist for a claim of this nature, including the law of comparative negligence. You should seek the advice of a lawyer where you live.  ... Read More

John Bisnar You need to consult with a local car accident attorney at your earliest opportunity.  Look to the upper left hand corner of this page for a button entitled "Find a Lawyer".  Click on it.  It will assist you in finding a list of qualified local law firms that will provide you a free consultation. The best law firms handling car accident cases will provide you a free consultations which will include an analysis of the facts, how the law applies to those facts and a discussion of your best options. John Bisnar BISNAR|CHASE, Personal Injury Attorneys Trusted Professionals.  Proven Results www.BestAttorney.com 800-956-0123... Read More

Sharon, Insurance companies are in the business of making a profit for their shareholders.  Most are "for profit" businesses.  They do not want to pay claims.  Every dollar saved on a claim is a dollar of profit.  There is a reason why many of the most profitable companies in the world are insurance companies. The adjusters mission is to deny, delay and minimize your claim.  The adjuster may say just about anything to accomplish his mission.  You need to know your daughter's rights, the various methods of collecting her rightful compensation, how much her claim is worth and how to collect.  You also need to know how to get medical services while waiting for compensation. You need to consult a local traffic collision expert law firm.  Most of the best law firms that handle car accident cases will provide you a free, comprehensive, no obligation consultation.  Get a consultation so you will know what your rights and options are. There are a number of ways to get your daughter's medical expenses paid.  Get a great attorney on your side that knows how to get bills paid and collect an appropriate amount for your daughter's benefit. Click on the button in the upper left hand corner of this page that says, "Find a Lawyer".  Clicking this button will lead you down the path to finding an attorney to assist you. John Bisnar Bisnar|Chase, Personal Injury Attorneys Trusted Professionals, Proven Results www.California-Lawyer-Attorney.com 800-956-0123  ... Read More

If you can prove that you did not give permission to the driver of your vehicle, then you should not be responsible for any damaged caused.  Essentially, it is like having your car stolen.  You are not responsible for the acts of a person who illegally took your car.  If you have insurance, contact your insurance company immediately and let them know exactly what happened.  The insurance company will defend you in this matter. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read More

You may have medical payments coverage on your insurance policy - you should ask your insurer about that, as it could provide some coverage for the medical bills you incurred.  Also, I don't know the SC-specific laws regarding the valuation of the car, but typically you are entitled to the fair market value of the car and nothing else.  Good luck going forward.... Read More