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How to Handle a Car Accident with an Uninsured Driver

If you get into a car accident, you can usually rely on an insurance claim against the at-fault driver to cover your associated costs and lighten your mental load. But what if the other driver does not possess enough insurance coverage to pay for your damages? Do you need to pay for everything out of pocket? Not necessarily. Read on, and let the Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC tell you what you need to know.

What Should You Do Immediately After the Accident?

In the moments following any collision, call 911 to request medical attention. Even if you do not feel injured, some internal damage can take a while to show symptoms, and the medical report generated will help you substantiate a claim down the road. Report the accident to the police while on the phone with 911, and collect contact information from the at-fault driver and any eyewitnesses. Take photographs of the accident scene, including damage to the vehicles, road conditions, and any visible injuries. Also, consider documenting your experiences on a notepad or via a voice memo on your phone.

How Does Uninsured Motorist Coverage Work in South Carolina?

South Carolina law requires insurance companies to offer Uninsured Motorist (UM) coverage as part of every auto insurance policy, which can help cover your expenses after an accident with an uninsured driver. Under this provision, you can file a claim with your own insurance provider to cover medical expenses, property damage, and other losses resulting from the accident. UM coverage will also kick in after hit-and-run scenarios where you cannot identify the at-fault driver.

What Are Your Legal Options After an Accident with an Uninsured Driver?

If your UM coverage cannot adequately cover all the expenses related to your accident, you may consider filing a personal injury lawsuit to make up for the difference. However, you may find that the driver lacks the financial resources to pay for damages out of pocket. You could also negotiate directly with your insurer to increase your coverage amount, especially if the at-fault driver possesses a limited amount of coverage.

Why Is Legal Representation Important in These Cases?

If you need to kick off the insurance process or pursue alternative legal options, an experienced car accident lawyer can help you by analyzing the details of your case, negotiating with insurance companies on your behalf, and representing your interests in court if necessary. They can make sure that you consider all possible paths of compensation and put in all the paperwork you need on time.

Navigate an Uninsured Motorist Case with the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

The seasoned Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC will guide you through every step of the process of your case. We have years of experience helping collision victims file uninsured motorist claims and pursue legal action if necessary. We will also help protect your rights and demand the compensation you deserve. Call us at 843-727-6500 or fill out our online contact form for a free consultation. Our office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, gladly serve clients throughout South Carolina.

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    What Is the Legal Procedure After Being in a Car Accident in Charleston?

    It is quite challenging to remain calm after a car accident, especially when there are serious injuries. In Charleston, South Carolina, there are specific procedures to follow to handle the aftermath of a car accident effectively, and it is wise to learn about them. They can make a significant difference in your ability to seek compensation for damages.

    What Should I Do Immediately After a Car Accident?

    After a car accident, safety is the primary concern. Begin by checking yourself and others involved for injuries. If anyone is injured, contact emergency services right away. Move vehicles out of traffic if it is safe to do so, and turn on hazard lights to alert other drivers.

    Call 911 to report the accident, even if it appears to be minor. The police will document the scene and create a report, which may be important for insurance claims or legal proceedings. Collect information from the other driver, including their name, contact information, license plate number, and insurance details. Take photographs of the vehicles, damages, and the surrounding area to preserve evidence.

    When Should I Contact My Insurance Company?

    We suggest notifying your insurance company of the accident as soon as possible, as most providers require timely reporting of incidents. Provide accurate details about the accident and cooperate with your insurer throughout the claims process.

    When speaking with the insurance company, avoid admitting fault or speculating about the cause of the accident. Stick to the facts and provide any requested documentation, such as the police report or photos from the scene. If you have concerns about calling them, feel free to contact us for a consultation first.

    What Are the Legal Requirements for Filing a Claim in South Carolina?

    South Carolina operates under a fault-based system for motor vehicle crashes. This means the at-fault driver is financially responsible for the damages caused by the collision, depending on the circumstances. To pursue compensation, you may file a claim with the at-fault driver’s insurance company or take legal action if a settlement cannot be reached.

    State law requires drivers to carry a minimum amount of liability insurance coverage to pay for damages in the event of an accident. Filing a claim typically involves submitting evidence, including the police report, medical bills, repair estimates, and other supporting documents.

    How Is Fault Determined in a Car Accident?

    Fault in a car accident is determined by the evidence and circumstances of the collision. Traffic laws, witness statements, and the police report play significant roles in this determination. In some cases, multiple parties may share responsibility for the accident.

    South Carolina also follows a comparative negligence rule, which allows individuals to recover damages even if they are partially at fault, as long as their share of responsibility is less than 51%. However, the amount of compensation may be reduced based on the degree of fault assigned to each party.

    What Should I Know About Filing a Lawsuit After a Car Accident?

    If a fair settlement cannot be reached through insurance, you may decide to file a lawsuit against the at-fault driver. In South Carolina, the statute of limitations for personal injury claims related to car accidents is three years from the date of the collision. Missing this deadline could prevent you from pursuing legal action.

    To begin the process, a complaint must be filed with the appropriate court. The complaint outlines the details of the accident, the damages incurred, and the legal basis for holding the other party liable. The case will proceed through phases, including discovery, negotiations, and potentially a trial, depending on the circumstances.

    Get the Help You Need with the Respected Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

    If you were injured in a car accident and need to learn about your legal rights, the Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC offer free legal consultations. To learn more, call our Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina offices at 843-727-6500 or complete our online contact form. We proudly serve clients throughout South Carolina.

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      Rogers, Patrick, Westbrook & Brickman LLC Encourages Donations to Hurricane Helene Disaster Efforts

      Rogers, Patrick, Westbrook & Brickman LLC recently donated $5,000 to the Community Foundation of Western North Carolina to support Western North Carolina’s disaster relief efforts following Hurricane Helene’s devastation. The storm caused 96 deaths and brought historic levels of rain and flooding to the mountains in late September. Our firm encourages all clients and South Carolina residents to consider donating funds or volunteer services to our northern neighbors.

      Hurricane Helene’s catastrophic flooding and destruction caused a record $53 billion or more in damages and recovery needs—more than triple the previous record of $17 billion caused by Hurricane Florence in 2018. The budgeting office generated preliminary figures for direct or indirect damages and potential investments to prevent future storm destruction.

      Helene caused 1,400 landslides and damaged over 160 water and sewer systems, at least 6,000 miles of roads, more than 1,000 bridges and culverts, and an estimated 126,000 homes. Some 220,000 households are expected to apply for federal assistance. Thirty-nine of the state’s 100 counties are within the federally declared disaster area.

      Governor Roy Cooper described Helene as the “deadliest and most damaging storm ever to hit North Carolina.” He recently unveiled a $3.9 billion General Assembly request for repairs and revitalization efforts. The state’s coffers include several billion dollars for future recovery and nearly $4.5 billion in the savings reserve. Cooper’s request came a day before a legislative one-day meeting to advance additional Helene recovery legislation.

      Damage reports project $48.8 billion in direct or indirect damages and $4.8 billion of anticipated mitigation expenses. The budget office estimates gaining $13.6 billion in federal aid and another $6.3 billion in private donations and other sources.

      The agency reports that many losses will never be recovered. Few homeowners and farmers in the disaster areas were covered by flood or crop insurance. The report said nearly 93 percent of flood-damaged homes, as verified by the Federal Emergency Management Agency (FEMA), lacked flood insurance.

      Donations to assist North Carolina Hurricane Helene relief efforts can be made through the following organizations:

      • North Carolina Disaster Information Center: Coordinated by North Carolina State Extension, this initiative supports farmers, responders, and communities with resources such as meals, fuel, supplies, and other ongoing needs in the region. For more details and to donate, visit the North Carolina Disaster Information Center.
      • Community Foundation of Western North Carolina: This organization supports non-profits throughout the region that are helping with recovery and relief efforts. Visit the Community Foundation of Western North Carolina to contribute.
      • American Red Cross: In disaster relief, the Red Cross provides emergency shelter, food, and supplies for those displaced by Hurricane Helene. Donations help provide immediate and long-term recovery assistance. Visit the American Red Cross to donate.

      These organizations ensure your contributions directly benefit the communities most in need.

      Rogers, Patrick, Westbrook & Brickman LLC is a full-service law firm located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina. To learn more about our services or to schedule a free consultation, call 843-727-6500 or complete our online form. We serve clients throughout South Carolina.

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        What Is the Liability of Local Bars Serving Drunk Drivers?

        If you have been in a car accident caused by a drunk driver, they may owe you financial compensation for your injuries. In some cases, the motorist would not be the only one who is liable for what happened to you. There is a possibility that you could file a lawsuit against anyone who served alcohol to the drunk driver. First, you would need to prove that the establishment or individual was negligent in continuing to sell alcohol to an intoxicated person.

        Is There a Dram Shop Law in South Carolina?

        Although South Carolina does not have a specific dram shop law as you would find on the books in other states, it does not mean that a bar or social host is off the hook when they continue to serve alcohol to a visibly intoxicated patron or guest. South Carolina common law still allows you to hold the establishment’s owner or a host responsible under the rules of negligence. When someone serves alcohol to another, they take on a duty of care to those who may conceivably be harmed by the excessive consumption. However, you would need to prove some sort of negligence or recklessness on the part of the establishment or host.

        Who May Liability Apply To?

        You may hold anyone who served the drunk driver alcohol legally responsible for the harm that they caused you or your loved one. Most often, the defendant in these types of cases would be a bar or restaurant that sold alcohol. Theoretically, you may also hold a liquor store legally liable if they have sold alcohol to a minor or to someone who walked into the establishment visibly intoxicated. You may even hold a social host responsible for serving alcohol to someone who they knew or should have known was drunk.

        How Can I Prove a Dram Shop Case in South Carolina?

        Someone does not assume legal liability solely on the grounds that they served alcohol to another. To win a case against a bar, you would need to prove that they continued to serve a patron who was visibly intoxicated. Although proving actual knowledge would certainly help your case, you do not always need to demonstrate that the establishment actually knew that the customer was drunk. You can prove from the circumstances that the establishment or host should have known that the patron was intoxicated. For example, if you can prove that the customer was served excessive amounts of alcohol, it may serve as proof of intoxication.

        Your case could rely on direct witness testimony from people who saw the alcohol being served or on more circumstantial evidence. You could even obtain video camera footage that may show what was happening inside the establishment or store. Alternatively, you may even be able to obtain the driver’s bar tab to learn how much they drank that night and where.

        Why Do I Want to Sue an Establishment for My Injuries?

        Under South Carolina law, establishments that serve liquor are required to have at least $1 million in liability insurance. In addition, a business may also have assets that you can reach in a lawsuit judgment. Being able to sue a corporate defendant, no matter its size can give you access to a deeper pocket that can pay for your injuries. The drunk driver may have only had so much insurance coverage, and it may not be enough to cover your damages. Your drunk driving accident lawyer would likely perform an additional investigation to determine who served alcohol to the motorist and the surrounding circumstances to determine whether there is anyone else you can sue.

        Contact the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC for Help with Your Case

        If you have been injured by a drunk driver, the Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can conduct a complete investigation of the circumstances of the crash. We will fight for you to obtain full and fair compensation for your injuries. You can schedule a free initial consultation with one of our lawyers by calling us today at 843-727-6500 or by submitting our online contact form. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we gladly serve clients throughout South Carolina.

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        How can we help? Fill out the form for a free case review.

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