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    Couple Involved In Car Crash With Male Driver Suffering With Whiplash Injury

    If you were injured in a car accident as a passenger, you might wonder about your rights to seek compensation for your losses. There’s good news. Most passengers hurt in South Carolina car accidents have the same ability to pursue compensation as their drivers. You don’t have to shoulder the financial burden of your injuries from a crash you didn’t cause.

    Filing an insurance claim or lawsuit after a crash may seem overwhelming, particularly if you sustained serious injuries and face a lengthy recovery process. Although nothing can undo the harm you suffered, a successful personal injury claim could alleviate your stress and help you move forward. An experienced car accident lawyer from Joye Law Firm can help by guiding you through the process, negotiating with the insurance companies, and if necessary, taking your case to trial.

    Whether you were hurt in a two-vehicle crash, a truck accident, a rideshare accident, or another traffic crash, our legal team will pursue maximum compensation for your losses. Just call Joye or contact us online for a free consultation.

    Case Study: Mark Joye Represents Two Sisters Injured as Passengers in High-Speed Crash

    When two sisters accepted a ride in a friend’s brand-new Tesla, they had no idea their lives would change forever. Their driver was reportedly speeding at up to 80 miles per hour when took a curve too fast and lost control of the car, running off the road, and striking two trees.Mark Joye

    The sisters both suffered severe injuries requiring in-patient care, surgeries, and months-long physical therapy for months.

    Attorney Mark Joye, head of Joye Law Firm’s litigation department took on the case and fought for justice on behalf of the sisters. Ultimately, Attorney Joye successfully secured a $2.41 million settlement that will cover not only their existing medical bills but future medical needs as well.

    Read the full case study here.

    Understanding Compensation for Injured Passengers in South Carolina Car Accident

    South Carolina law allows passengers injured in car accidents to seek compensation for their losses. The process begins by filing a claim with the at-fault party’s insurance company. If the driver of the car you were riding in caused the accident, you could file a claim with their insurance provider. If another driver was responsible for the accident, you might file a claim with their insurance company.

    Insurance issues get more complicated if the at-fault motorist is a commercial truck driver, rideshare driver, government agency, or some combination of parties. The same is true if the at-fault driver flees the scene or is uninsured or underinsured. It’s wise to speak to a knowledgeable car accident lawyer to ensure you pursue compensation from all potential sources.

    What Types of Compensation Can I Receive as an Injured Passenger?

    As an injured passenger, you may be able to pursue compensation for financial and personal losses from a car accident, such as:

    • Past, current, and future medical expenses
    • Lost wages
    • Lost future earning capacity
    • Physical pain and suffering
    • Emotional distress
    • Mental anguish
    • Loss of enjoyment of life
    • Lost quality of life

    Working with a proven car accident lawyer is the key to maximizing your compensation. A South Carolina attorney can place an appropriate value on your case that can serve as a starting point for settlement negotiations.

    Does Car Insurance Cover Passengers in South Carolina?

    Passengers are covered by car insurance in South Carolina. Depending on the circumstances of the accident, injured passengers may be covered through one or more of the following:

    • The at-fault driver’s insurance carrier – You can file a claim with the responsible driver’s insurance company. South Carolina drivers must carry liability auto insurance that includes bodily injury coverage of at least $25,000 per person. Liability coverage pays for an injured passenger’s medical bills and other costs up to the driver’s policy limits.
    • Uninsured motorist (UM) coverage – Uninsured motorist coverage is required in South Carolina. Drivers must carry uninsured motorist coverage with at least the same amount as the liability minimum of $25,000 per person.  If the at-fault driver does not have insurance, you can file a claim with your insurance company for compensation.
    • Underinsured motorist coverage (UIM) coverage – Underinsured motorist coverage is not mandatory in South Carolina. Still, it’s a good idea to obtain this coverage, which protects you in the event the cost of your medical bills exceeds the at-fault driver’s policy limits.
    •  Medical Payment (MedPay) or Personal Injury Protection Insurance (PIP) – MedPay coverage is not required in South Carolina, but drivers can purchase it. Injured passengers with MedPay coverage can file a claim with their MedPay provider for costs related to their accident-related injuries. MedPay can also cover funeral expenses in the event a passenger passes away from their injuries.

    Can Passengers of Drunk Drivers Get Compensation in Crashes?Joye Law Firm case managers look at a cell phone together in the Summerville office

    As a passenger in a car crash, you have a right to compensation for medical expenses, lost wages, physical pain, and mental and emotional distress caused by the negligent actions of a drunk driver. Cases involving drunk drivers often invoke punitive damages, which are meant to punish and deter future incidents from this egregious behavior. You may be able to file a claim with the insurance company of the driver of the vehicle you were in or the driver of the other vehicle’s insurance company, depending on who was at fault.

    However, the insurance companies for each driver involved in a collision may argue that the other driver was completely, or at least partially, at fault. Therefore, each insurance company will claim that it is the other driver’s responsibility to compensate you.

    Even if the driver of the car you were riding in was intoxicated, this may not mean they are completely at fault for causing the accident. Your claim will not be settled until the insurance companies involved agree on who is liable, and each driver’s percentage of fault.

    To negotiate claims with multiple insurance companies, you need a qualified and knowledgeable attorney.

    Factors that May Affect Your Compensation From a Drunk Driving Crash

    Every drunk driving accident is different. Several factors affect your compensation, such as the details leading up to the collision and each person’s role.

    South Carolina is a tort state, which means it uses a fault-based system to determine liability in car accidents Under a fault-based system, drunk drivers can be held liable for the costs others incur from crashes the drunk driver causes.

    However, the circumstances of the accident are important in determining the comparative fault of each party. Comparative fault is the percentage of negligence or fault of each person involved in the collision.

    Modified comparative fault states that you must not be more than 50% at fault for your injuries to receive compensation. If anything about your behavior contributed to the accident, your compensation is reduced by the percentage you were at fault.

    While passengers are usually not at fault for a crash, the other side may argue that you might be partially responsible for your own injuries, because you got in a car with someone you knew was drunk, and thus who was more likely to get into a wreck. They may examine your ability to have taken different transportation. Furthermore, if you were not wearing a seatbelt or were behaving in a way that distracted the driver to the point that it may have contributed to them losing control of the vehicle, the other side will try to emphasize your contributions to the crash.

    Carefully considering all aspects of the accident with an experienced lawyer can help you avoid pitfalls.

    Importance of Obtaining Legal Counsel

    A drunk driving accident can be complicated, and your right to be fully compensated can get lost in the process. If multiple parties are making claims, things can get even more complex.

    Additionally, the three-year statute of limitations that applies in most cases means you will have to act promptly. The sooner you get legal counsel, the better you will be able to gather evidence and witness accounts.

     

    Steps to Take if You Were Injured as a Passenger in a Car Accident

    A passenger injury claim in South Carolina will move forward similarly to any other car accident case.

    Call the Police

    Regardless of the circumstances, call 911 immediately or ask someone at the scene to do so for you. The responding police officer will gather information from everyone involved and file an accident report. Tell the officer the basic facts. Do not make guesses about who is at fault or discuss any injuries.

    Gather Evidence From the Accident Scene

    It is important for the injured party to gather relevant evidence at the scene of the crash, including the following:

    • Information from the driver(s): Names, contact information, and insurance information from all drivers involved in the car accident.
    • Information from the witness(es): Names and contact information for any witnesses at the scene of the accident. This can include passengers who were riding in the same vehicle with you, passengers in another vehicle, or anyone else who may have witnessed the events that led to the crash.
    • Photographs of the scene: Capture close-up pictures of damage to all vehicles involved (including the vehicle in which you were a passenger), close-up pictures of any immediately obvious injuries, and long-shot photos of the vehicles and the scene of the accident. In brief, you want to take as many photos as possible from as many angles and positions as you can. An accident reconstruction expert may be able to use your pictures to help reconstruct the events that resulted in the accident.
    • Recollections of the events surrounding the accident: If you are able to do so, briefly jot down your recollections of the events of the crash.
    • Police report: If there is a police report (if anyone was injured, there should be a police report), make sure that you have a copy of it to provide to your lawyer.

    In addition to gathering information the same way you might if you were the driver, it is also important to avoid discussing subjective issues at the scene of the crash, such as who may have been at fault. You do not want to place blame on anyone, or alternately suggest that someone is not liable, until you have had an opportunity to discuss the case with a South Carolina car accident attorney.

    After you gather relevant information to use in your case, it is important to seek immediate medical attention and to retain documentation of any medical visits. Even if you think your injuries are minor or don’t feel hurt, some injuries emerge and worsen over time. You want all injuries diagnosed and treated promptly. Furthermore, the doctor will add your injuries to your medical records, which will serve as essential evidence in your car accident case.

    Consult with a Personal Injury Lawyer

    Injured passengers need an advocate to shield them from lowball settlement offers from the insurance company. You may also have the option to pursue compensation from sources you didn’t realize, such as your auto insurance policy.

    File a Claim for Compensation

    While you are speaking with your South Carolina auto accident lawyer, the insurance companies of the drivers involved in the accident will be seeking to determine fault for the collision. Depending upon the specific facts of the case, you may be able to file an insurance claim with one or any of the following:

    • Insurance company of the driver of the car in which you were a passenger
    • Insurance company of another driver involved in the accident
    • Your own insurance company

    Can Passengers Be At Fault for Car Accidents in South Carolina?

    When drivers are injured in crashes, they can get compensation through the auto insurance policies of the at-fault drivers.  But when passengers are injured in accidents, they may be wondering if they can get compensation and how to get it, especially if they don’t drive and thus don’t have auto insurance. Thankfully, passengers in crashes are also usually eligible for compensation, even when the at-fault drivers are the drivers of the vehicles they were riding in.

    Case managers in Columbia SC

    Typically, passengers are not considered at fault for crashes, but in some rare cases, passengers may be considered partially at fault. For example, if they distracted the driver of their vehicle to the point that they lost control and crashed, the passenger could share liability for the accident. This does not mean passengers are excluded from getting compensation, however, the amount they can get in compensation may be reduced if they were determined to have done something that contributed to the crash.

    Determining liability can drag on after a crash when one or both drivers deny liability. In those cases, the best option for the passenger is usually to use their own health insurance to cover their medical expenses. Once liability is determined, the at-fault driver or drivers’ auto insurance would reimburse for bills already paid through a medical lien.

    Contact a South Carolina Car Accident Lawyer for Assistance

    Since 1968, Joye Law Firm has helped South Carolinians recover the compensation they need to move forward with their lives, including innocent passengers who suffer due to a driver’s carelessness or distraction. Passengers shouldn’t have to bear the consequences of someone else’s reckless or careless behavior behind the wheel.

    If you’re concerned about the cost of hiring a car accident lawyer, don’t be. We offer free consultations to listen to your story and provide legal advice at no charge. We work on a contingency fee basis, meaning you won’t owe us any fees unless we win compensation for you. This ensures that everyone has access to quality legal representation, no matter their financial situation.

    Our South Carolina injury lawyers are committed to helping those who have been harmed through no fault of their own. If you’ve been injured in an accident as a passenger, contact us at (888) 324-3100 or use this online contact form for a free consultation.

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    Mark Joye and Ken Harrell discussing a case