Driving is a normal part of our daily lives, and most people have either been in an accident or know someone who has. Accidents are not as random as they seem, and other drivers may be held responsible. For help starting your car accident case, call a lawyer for help.

One of the first things car accident victims think about is filing an insurance claim. While this is possible, insurance does not always cover all a person’s damages, especially if an accident is severe. A lawyer can help you sue the at-fault driver.

To get a free initial case assessment, call our car accident lawyers with the Graves Injury Law Firm at (305) 614-2767.

Are You Required to File Insurance Claims Before Lawsuits After a Car Accident?

Insurance is very common in car accident cases. Most drivers file a claim first and pursue a lawsuit only if insurance does not pan out.

Should You File an Insurance Claim?

Although you are not required to file an insurance claim, it is probably a good idea to do so. Even if you plan to file a lawsuit, courts like to see plaintiffs exhaust other legal options before taking things to court.

How to File Insurance Claims After a Car Accident

South Carolina is a fault-based state, and drivers can file third-party claims with the at-fault driver’s liability coverage. When you file your claim, you must have evidence of the other driver’s fault for the accident. Otherwise, the insurance company could deny your claim.

You can also file first-party claims with your uninsured or underinsured motorist coverage if the at-fault driver has no insurance or their insurance is not enough to cover all your damages. If you have other coverages, like collision coverage, those claims can also help with your damages.

Can You Sue if You Do Not Have Insurance?

If you do not have auto insurance, you may still sue the other driver. South Carolina does not have “no pay, no play” laws, which restrict a driver’s ability to sue if they do not carry insurance.

However, you may get a ticket at the scene of the crash, as driving without insurance is illegal.

What Evidence Do You Need in a Myrtle Beach, SC Car Accident Lawsuit?

Evidence is crucial in any car accident case. Without it, we cannot prove what happened, and you cannot get compensation.

Proof of Negligence

We need evidence of the at-fault driver’s negligence. What did they do to cause the accident? Did they run a stop sign or a red light? Were they speeding? Were they texting and driving? Whatever it was, we need proof.

This kind of evidence is crucial but varies from case to case, so you should speak to your lawyer about what kind of evidence you should be looking for.

Medical Records

We must have proof of your injuries. Photos of injuries can help, but they may not tell the whole story. Your medical records related to your injuries and treatment may be crucial to prove the true extent of your injuries and how they impact your life.

Video Evidence

If you or another driver had a dashcam, or if there were traffic cameras or private security cameras in the area, our car accident lawyers may obtain footage of the accident. Videos of the crash may show us exactly what went wrong and how the other driver is at fault.

Witness Testimony

Other drivers, passengers, and pedestrians may have witnessed the accident. A driver who was right behind you might have seen the whole thing. You should try to get the names and contact information of other people at the accident scene. If they saw anything important, their testimony may be incredibly valuable.

How Do You Know Who is At Fault in a Car Accident?

If only one other driver was involved in the accident, it may be clear from the start who is to blame. However, some accidents are more complex than others, and we may need to investigate before determining who you should sue.

How Many Drivers Are Involved in the Accident?

We should consider how many drivers were involved in the collisions. If it were only two, including you, the other person is likely at fault.

Were there multiple drivers? If so, talk to your attorney and review investigative reports by the police. One driver might be responsible, or several drivers might share blame, and we can include as many as necessary in your lawsuit.

What Were You Doing During the Accident?

It is normal for plaintiffs in car accident cases to share a bit of responsibility for the accident. However, this does not bar you from suing and seeking damages.

Under South Carolina’s modified comparative negligence laws, your compensation will be reduced in proportion to your share of fault, expressed as a percentage. If the court determines that you are 10% at-fault, you may lose 10% of your total damages.

However, if your fault is more than 50%, you may be barred from recovery.

Factors to Consider When Determining Fault for a Car Accident

We must consider numerous factors when investigating the accident, including…

  • Speed
  • Visibility
  • Line of Sight
  • Other Drivers
  • Distractions
  • Intoxication
  • Lights and Signs
  • Weather
  • Road conditions
  • General traffic.

Do You Have to File Insurance Claims Before You Can Sue for a Car Accident?

Lawsuits are typically the first route to recovery, and the courts will typically require you to try to settle (through insurance) before proceeding to trial. However, you are technically not required to file an insurance claim first, especially if the other driver is uninsured.

When Should You File a Lawsuit After a Car Accident?

In South Carolina, plaintiffs filing car accident lawsuits have 3 years from the accident date to file their case. If they do not, they may be barred from ever filing the case in court.

How Can a Lawyer Help You with a Car Accident Lawsuit in Myrtle Beach, SC?

Yes. Your attorney can evaluate your damages and determine the overall value of your claims while investigating for evidence, talking to witnesses, and handling paperwork and legal procedures.

How Much Compensation Can You Get in a Car Accident Lawsuit?

The overall value of your case depends on the extent of your damages and what we can prove. It is normal for car accident cases to be worth several thousand dollars or more. More serious accidents may be worth tens of thousands of dollars or even millions in extreme cases.

Ask Our Car Accident Attorneys in Myrtle Beach, SC for Legal Help

To get a free initial case assessment, call our car accident lawyers with the Graves Injury Law Firm at (305) 614-2767.