How Do South Carolina Insurance Companies Determine Fault in a Car Accident?

James Law Office, LLC

Being involved in a car accident is inevitably a stressful situation for various reasons. When someone sustains injuries in an auto collision caused by someone else, they might wonder whose insurance will be liable for their medical expenses. Our knowledgeable law firm has the answers you’re looking for! Continue reading this blog to find out how insurance companies in our state determine fault after a car accident occurs. You may also reach out to a Darlington County, South Carolina Car Accident Lawyer for individualized legal counseling.

Why Do Insurance Companies Need To Prove Fault After an Auto Accident?

When it comes to auto accidents, South Carolina law follows fault-based practices. This means that whoever is found to be at fault for an auto accident will be legally liable for all damages. This might include any injuries that were sustained by victims of the collision. So, it’s necessary to determine fault after an accident so everyone involved in the accident knows who is liable for any damages they might have sustained. If the at-fault driver’s auto insurance policy isn’t enough to cover your expenses, you can either request further compensation from your own auto insurance or you can file a personal injury claim in court if you’re eligible for restitution.

In some cases, both drivers could be found equally at fault if the accident was caused by something else, such as hazardous road conditions that couldn’t possibly have been avoided. In that case, your own auto insurance would be responsible for your automobile damages and/or medical expenses.

How Is Fault Proven in a Car Accident?

Auto insurance companies investigate the accident to determine which driver was truly at fault for the collision. Keep in mind that insurance companies are businesses at the end of the day, so they might look for reasons to provide as little compensation as possible. Insurance companies will usually gather various pieces of evidence to prove which driver was at fault for the accident, including:

  • The official police report of the incident
  • Statements from all drivers, passengers, and pedestrians involved in the accident
  • Surveillance video showing the accident
  • Photos and videos of the accident or damages from the accident
  • Witness testimonies

Have you recently been injured in a car accident caused by someone else’s irresponsible actions in South Carolina? If so, you might be seeking a dedicated personal injury attorney who can fight for your best interests. Look no further because James Law Office is here for you every step of the way! Contact our highly experienced legal team today for an initial consultation.

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