If you're involved in a car accident in South Carolina, the policy does not set any limits on how much the company must pay the lawyer to represent you. If the case is resolved or there is a judgment against you, the company will pay up to the policy limit. However, if the court judgment or settlement exceeds the limits of your policy, you'll have to pay the difference. In general, the driver who caused the accident is considered at fault and responsible for paying the damages.
But in reality, it's usually more complicated than that. The at-fault driver may not have enough insurance coverage to cover their damages. And you may be held partially responsible for what happened, which will affect the amount of damages you can recover. But there are basically three options for obtaining compensation.
Supplemental policies are limited liability policies that provide financial protection in addition to other basic insurance coverages, such as auto insurance or homeowners insurance. In addition, collision coverage helps pay for the costs of repairing damage to your car or the cost of replacing it. If the damages in your case warrant it, an injury lawyer can take several legal steps to help you secure the limits of the insurance policy, perhaps with multiple insurers or defendants. South Carolina is a state of comparative negligence, meaning that the amount of compensation a plaintiff can obtain will match the defendant's level of fault.
If you were injured and had to file a personal injury lawsuit in South Carolina against a person or company, one factor that can greatly affect the outcome is the limit of the responsible party's insurance policy. These limits are determined by the type of insurance coverage the at-fault party had at the time of the accident. UIM policies are a financial safety net that can help ensure that you have enough money to cover medical bills and lost wages after a serious car accident. In an injury case, insurance policy limits represent the largest amount of money an insurance company will pay to cover a claim.
If the other driver was at fault, your insurance company will likely request a refund from that driver's insurance company. In many cases, the person who caused the harm will not just tell you how much insurance coverage is available for you to recover. If you were hit by a drunk driver, you can also file an additional claim against the commercial insurance policy of the bar or restaurant that overserved the driver. If you were injured in a car accident and the other driver's insurance doesn't fully cover your damages, you can file a claim with your own underinsured motorist insurance company (UIM), if you have one.
On the other hand, you never want to simply rely on the insurance company's word when it comes to the amount of coverage available. In this situation, you and your personal injury lawyer can take the case to trial and allow a jury to decide how much the insurer should pay.
