Being a passenger in a car accident is often a confusing and stressful experience. Unlike drivers, passengers are rarely at fault for accidents but can still suffer severe injuries and emotional distress. In South Carolina, injured passengers have clear legal rights and several legal options when it comes to seeking compensation for their injuries.
Understanding Fault and Liability in South Carolina
South Carolina follows a fault-based system for car accidents. This means the fault driver or the liable party is responsible for covering damages, including medical expenses, lost wages, and property damage. If you were a passenger, you typically won’t be considered at fault, but understanding who the responsible party is can affect your insurance claim and potential compensation.
Filing a Personal Injury Claim as a Passenger
As an injured passenger, you may be entitled to file a personal injury coverage against:
- The driver of the car you were in if they were the at-fault driver
- Another driver involved in the accident
- Both drivers, depending on their share of fault
South Carolina follows a comparative negligence rule, so if more than one driver contributed to the accident, their liability will be proportionally split. Passengers typically face fewer barriers when proving fault, making a personal injury lawsuit more straightforward.
Common Injuries for Passengers
Passengers may suffer a wide range of injuries, including:
- Broken bones
- Head trauma
- Spinal injuries
- Soft tissue damage
- Emotional distress and physical pain
These injuries often lead to long-term consequences and may require extensive medical care, rehabilitation, and follow-up appointments. That’s why getting proper compensation is essential to cover your medical costs, lost income, and pain and suffering.
Seeking Compensation Through Insurance
Passengers may recover damages from the insurance policy of:
- The negligent driver
- Their own auto insurance coverage, especially if the liable party is uninsured
- Both parties, if fault is shared
Common types of insurance coverage that may come into play include:
- Liability insurance
- Uninsured motorist coverage
- Underinsured motorist coverage
- Personal injury protection (PIP)
- Medical payments coverage
It’s crucial to understand your insurance options, especially if multiple policies might offer a fair settlement.
How an Injury Lawyer Can Help
An experienced car accident attorney or personal injury attorney can help accident victims:
- Evaluate accident claims
- Deal with the insurance adjuster
- Navigate the insurance claims process
- File a personal injury lawsuit
- Negotiate for fair compensation
- Understand policy limits and coverage limits
In many cases, a skilled personal injury lawyer will handle communication with the insurance carrier, gather witness statements, and provide essential legal advice.
Challenges for Injured Passengers
Although passengers are usually not held liable, some challenges still arise:
- Determining the fault party
- Dealing with limited liability coverage
- Navigating claims if the rideshare driver or drunk driver caused the accident
- Understanding types of coverage under different auto insurance policy provisions
If the driver you’re filing a claim against is a friend or family member, it can also make the situation emotionally difficult. However, you’re not suing them directly-it’s their insurance firm or insurance provider responsible for covering damages.
The Importance of Legal Representation
Having qualified legal representation ensures you’re not taken advantage of by insurance or misled during the claims process. A qualified attorney can guide you through legal proceedings, help collect accident details, and make sure your accident report is complete and accurate.
If you’ve suffered accident injuries in a motor vehicle accident, don’t hesitate to contact an auto accident attorney who is familiar with personal injury coverage and the legal landscape in South Carolina.
What to Do After the Crash
If you’re a passenger involved in a vehicle accident, here’s what to do:
- Seek medical attention immediately, even for minor symptoms.
- Document the accident scene with photos and videos.
- Request a copy of the accident report from the law enforcement officer.
- Collect insurance details from all involved parties.
- Contact an accident attorney for guidance on your legal options.
Contact Ted Law Firm Today
If you or a loved one has been injured in an accident in South Carolina, don’t wait to get the guidance and support you need. Ted Law Firm is here to answer your questions and explain your options without pressure, and without any upfront cost.
Call us now or request a free consultation today
Let Ted Law Firm help you move forward with confidence. Your recovery is our priority.
Whether you’re in Charleston, Greenville, Columbia, Myrtle Beach, or Atlanta, Ted Law Firm is here for you. We offer dependable legal advice and support to individuals and families across South Carolina and Georgia. In your hardest moments, trust us to stand by your side and guide you with the best you need.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
