Most days, you probably drive to work, pick up your kids from school, and head off to various activities without incident. When a car accident happens, it can catch you completely off guard when someone else causes it. One minute, you’re driving, following the speed limit and traffic signals, or simply sitting and waiting for your turn to go. The next, your car is crumpled up and your heart is racing from the adrenaline.
It’s a scary scenario, one that causes many accident victims to ask, “Do I need a lawyer for a not-at-fault car accident?” Armada Law is a personal injury law firm in Greenville that provides legal help for not-at-fault car accidents.
In South Carolina, the laws can make navigating a car accident case complex without a car accident lawyer. In this blog post, we discuss why you should consider hiring a personal injury lawyer to help you through the many challenges that tend to arise during the legal process.
Understanding Fault in Car Accidents
South Carolina uses an at-fault model for car accidents, which means that the driver who caused the accident is held responsible for the injuries and damages to the victims. If the accident wasn’t your fault, then the other driver’s insurance company will be responsible for compensating you.
That may seem simple enough but South Carolina follows a rule of modified comparative negligence. This rule allows for the possibility of all involved drivers to share some of the blame. In some car accidents, it may be crystal clear who caused the crash and who is at fault. For the majority, there tends to be a lot of finger-pointing, which can complicate matters, making it more difficult for you to recover the compensation you deserve for the expenses you’ve incurred. It’s the top reason why accident victims seek legal help for not-at-fault car accidents.
Common Challenges in No-Fault Car Accident Claims
When you’ve been in a car accident that you didn’t cause, you may think you can handle the car accident claim on your own. Unfortunately, many challenges can complicate the situation and make it difficult to get the money you are owed for your medical bills, lost wages, property damages, and other out-of-pocket expenses.
Denial or Reduction of Claims by Insurance Agencies
One of the top challenges faced by victims who were in accidents that weren’t their fault involves the denial or reduction of claims by the insurers. When another person causes the accident, you need to file your injury claim with their insurance company.
The insurer will investigate the claim based on the evidence you have submitted. Much of the time, they will return with a settlement offer. This may seem like fantastic news, though you should be cautious before accepting it. Insurance companies will take full advantage especially when they know you do not have legal representation. They will offer you a sum of money that is insufficient to cover the expenses caused by their policyholder.
Additionally, they may even blame you by twisting your words or accusing you of partial fault in the crash. With the modified comparative negligence rule, this would reduce your settlement by your percentage of fault, giving you less than you deserve. In some cases, they use this tactic to assign you more than 50% of the blame, which will prevent you from being able to collect compensation if they issue a denial of your claim.
Delayed Processing of Claims
After your accident, you may feel as though you are stuck waiting for a response. Insurance companies may use the tactic to delay the processing of your claim for a variety of reasons. Most commonly, they will prolong the process to waste time and make it more likely for you to accept their low settlement offer.
The Severity of Your Injuries
While you’re trying to navigate the claims process, you may be contending with serious injuries. These injuries may be physically painful and emotionally taxing. You’re probably missing work and have to attend doctors’ appointments all while trying to find your way through this mess that someone else created.
As time moves on, you’re left with less time to take legal action. The state of South Carolina has a statute of limitations of three years from the date of your accident, which is the time limit allowed for you to proceed with litigation. Insurers try to drag things out as long as possible to get you to sign a release for a subpar settlement or make it more difficult for you to file a lawsuit. This is precisely why you will want to hire a car accident lawyer for no-fault claim representation from the start.
Benefits of Hiring a Car Accident Attorney for No-Fault Claim Representation
When you ask yourself, “Do I need a lawyer for a not-at-fault car accident?”, the answer will ultimately depend on the factors of your case. You may not need one for a minor fender bender that resulted in no injuries; however, if you’ve been seriously hurt, you should protect your best interests by hiring a car accident attorney.
Navigate Insurance Claims Effectively
When you hire an attorney to help from the start of filing your car accident claim with the at-fault party’s insurer, it keeps the process running smoothly. Insurance agents know that lawyers are fully aware of the tactics they use on victims, and they won’t be able to get away with it. This also allows you the opportunity to focus on your healing and recovery in a way that simply isn’t possible when you’re trying to handle the situation on your own.
Ensuring All Legal Rights Are Protected and Pursued
Your car accident attorney will also protect your legal rights by investigating and gathering evidence to support your claim. They will fight for what is fair on your behalf and make sure that you aren’t blamed for an accident that wasn’t your fault.
Negotiating Settlements with Insurance Companies
Car accident lawyers know how to consider your economic damages, which are your tangible losses like medical bills, and calculate your non-economic damages such as your mental anguish and pain and suffering. They can determine what is fair in terms of compensation and negotiate to get you the right amount to make your life as whole again as possible after the accident.
In short, you’ll have a greater advantage when you level the playing field by hiring a lawyer who will fiercely advocate for you.
Overview of The Legal Process
Being involved in a car accident that was not your fault can be overwhelming. There are many steps to take, from reporting the accident to dealing with insurance companies. The legal process helps injured drivers and passengers seek compensation for damages, medical bills, and lost wages. Understanding how this process works makes it easier to navigate and ensures you take the right actions.
After an accident, the first step is to gather evidence. This includes police reports, witness statements, medical records, and photographs of the scene. Insurance companies will review this information to determine fault and assess claims. While insurers may offer a settlement, their initial amount is often lower than what victims deserve. This is where legal assistance can be valuable.
A lawyer reviews the details of your accident, helping you understand your rights. They negotiate with insurers and work to secure fair compensation. If the insurance company refuses to offer a reasonable settlement, legal action may be necessary. This process can involve filing a lawsuit, attending mediation, or even going to trial. Many cases are resolved outside the courtroom, but having legal guidance ensures you are prepared for any outcome.
The legal system is designed to protect accident victims. However, without proper representation, navigating insurance claims and negotiations can be difficult. Understanding each step, from filing paperwork to dealing with adjusters, makes a difference. A lawyer simplifies this process, giving accident victims the support they need to recover financially and physically.
Should I Get a Lawyer for a Car Accident That Was My Fault?
There is no legal obligation for anyone involved in a car accident, whether they are at fault or not, to seek legal representation from a car accident lawyer. However, your car accident case will benefit from their knowledge. Complex legal processes may arise, especially if there are multiple injured parties or the insurance company denies your claim.
Additionally, you may have sustained injuries in your at-fault accident. The laws in the state allow for shared blame under modified comparative negligence. As long as you are 50% or less at fault, you will have the opportunity to pursue compensation for your car accident case. If you are solely responsible for the crash, then you will be responsible for compensating the other parties.
Keep in mind that a fault accident may not be everything it seems. Before you admit fault in an accident case, it is ideal that you speak with an experienced attorney to determine if the other parties also shared some of the blame.
Steps to Take After a Greenville Car Accident
When you’re in a car accident that wasn’t your fault, or you were in an at-fault accident, the steps you take in the aftermath can have a big impact on your case. Here is what you should do to protect your legal rights:
Take Action to Ensure Your Safety
Those first few seconds after a car accident can be extremely frightening and overwhelming. Despite this, you must prioritize your safety as well as the safety of any passengers in your vehicle. If you can move out of harm’s way, do so after taking photos to show where the vehicles involved came to rest. Check yourself and your passengers for any injuries, and promptly call 911.
When the police arrive at the accident scene, they will create a police report that documents what happened. This report can be a helpful piece of evidence when an officer cites the other driver for their negligent actions.
Get Medical Treatment
If you are hurt, let the 911 operator know and they will send emergency services to the scene. Many victims in car accidents assume they are fine when they don’t see any visible wounds but it’s a mistake to not seek medical attention. Serious injuries are often internal and require testing to diagnose. Delaying treatment could result in permanent effects from these injuries, and it could also make it more difficult to recover compensation.
Capture Evidence
You’ll want to take photos and videos of all vehicles involved as well as the surrounding area, looking for skid marks and other remnants of the accident. Talk to witnesses and get their contact information and witness statements. Don’t forget to exchange contact and insurance information with the other driver. Gathering evidence is an important step to take in personal injury cases, especially those involving motor vehicle accidents. Medical records, police reports, witness testimony, photos of vehicle damage, and expert testimony can be vital to your case.
Common Misconceptions About Hiring A Lawyer For a Car Accident
Many people assume that hiring a lawyer is unnecessary after a car accident. They believe that insurance companies will handle everything fairly and that legal action is only needed for extreme cases. This misunderstanding prevents victims from getting the full compensation they deserve.
One common myth is that lawyers are too expensive. Many assume that hiring an attorney means spending a lot of money upfront. However, most personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win the case. This arrangement makes legal representation accessible, even for those who are struggling financially after an accident.
Another misconception is that minor accidents do not require legal help. Even if the damage appears small, medical issues can arise days or weeks after the crash. Some injuries, like whiplash or internal trauma, are not immediately visible. A lawyer ensures that victims receive the compensation they need for medical treatment, even if symptoms appear later.
Some people also think that dealing with insurance companies is simple. They assume that insurers will act in good faith and provide fair settlements. However, insurance companies are businesses, and their goal is to protect their profits. Adjusters often undervalue claims or try to shift blame to avoid large payouts. A lawyer ensures that accident victims receive a fair assessment of their losses.
Legal representation is not just for major lawsuits or severe injuries. Even straightforward cases benefit from professional advice. A lawyer helps navigate the claims process, negotiate better settlements, and prevent victims from being taken advantage of. Understanding these misconceptions allows accident victims to make informed decisions about seeking legal help.
How Armada Law Assists Clients In Building A Strong Case
Armada Law provides accident victims with the legal support they need to secure fair compensation. They understand the challenges involved in dealing with insurers and work to build strong cases for their clients. From gathering evidence to negotiating settlements, their approach ensures that every aspect of a claim is handled with care.
One of the first steps we take at Armada Law is to gather detailed documentation that supports our client’s case. Our team reviews police reports, medical records, and eyewitness statements. They also work with accident reconstruction specialists when necessary to establish what happened and prove liability. Having clear and convincing evidence is essential to secure a fair settlement or winning a court case.
Negotiation is a key part of the process. Insurance companies often offer low initial settlements in hopes that victims will accept less than they deserve. Armada Law fights to ensure that clients receive full compensation for medical bills, vehicle damage, lost wages, and pain and suffering. Our experience with insurers allows them to push back against unfair tactics and secure better outcomes.
In cases where settlements are not possible, our attorneys prepare clients for legal proceedings. They handle filings, guide accident victims through mediation, and represent them in court if necessary. Our focus is on making the process as smooth as possible while aggressively pursuing justice.
By combining strong legal strategies with personalized support, we ensure that accident victims receive the help they need. Our experience handling insurance claims and legal disputes makes a difference in securing favorable results.
When To Engage an Attorney in the Legal Process?
After a car accident, many people wonder whether they need legal help. While some cases seem simple, even minor claims can become complicated. Knowing when to consult an attorney ensures that accident victims do not miss opportunities for fair compensation.
Seeking legal advice is important if injuries are involved. Even if symptoms do not appear immediately, medical issues can surface later. A lawyer helps document injuries and medical expenses, ensuring that victims receive the financial support they need for treatment. Without proper legal guidance, some accident victims end up paying out-of-pocket for conditions caused by the crash.
Legal help is also necessary when insurance companies deny claims or offer settlements that seem too low. Insurers use various tactics to reduce payouts, and many policyholders accept initial offers without realizing they could negotiate. An attorney understands insurance policies and fights to ensure that victims are not shortchanged.
Another reason to involve a lawyer is when fault is disputed. Insurance companies sometimes argue that a driver was partially responsible for an accident to avoid paying full compensation. In these cases, legal representation helps establish the facts and prove liability. Lawyers gather evidence and counter claims made by insurers, ensuring that victims are not unfairly blamed.
Taking early action after an accident is important. While some claims are straightforward, others involve complex legal issues that require professional guidance. Knowing when to engage an attorney allows accident victims to protect their rights and maximize their chances of receiving fair compensation.
Contact a Car Accident Lawyer for a Legal Consultation
If you have been injured in a car accident that wasn’t your fault, it’s to your benefit to speak with a car accident lawyer. They can evaluate your case and explain your legal options. You don’t want to waste time trying to negotiate with the insurer on your own. When you hire a lawyer, they will take over the claim process.
For an at-fault accident, you can still contact a car accident lawyer to make sure you have someone helping you navigate the legal system. An experienced attorney can conduct investigations and obtain traffic video footage as well as expert testimony. This evidence may shed some light on what actually happened, and you may quickly realize that you can still recover damages if you weren’t over 50% at fault.
In most cases, an attorney can resolve these matters quickly and get you the most compensation possible. Additionally, in cases that involve severe injuries, you may not be able to get the evidence you need at the scene before being transported to the hospital. Armada Law steps in and stands up for victims in these legal scenarios to turn the tide. Contact us today to schedule a free consultation to discuss your no-fault car accident.
