South Carolina is a remarkably beautiful state, often celebrated for its natural and man-made wonders, prompting tourists to come to visit every year and explore what we have to offer. As we welcome hundreds of thousands of tourists every year, it adds to the risks on the road. Having more drivers on the roads means the potential for more car accidents, especially if an out-of-state driver doesn’t understand the rules of the road in our state. Unfortunately, you may find yourself in a collision with one of these tourists, suffering devastating injuries. If this reflects your circumstances, it’s important to understand the steps you can take to ensure you attain the justice you deserve. Please continue reading to learn how state regulations apply to claims involving an out-of-state driver and why connecting with an experienced Chesterfield County Car Accident Lawyer is in your best interest.
How Does Accident Compensation Work in South Carolina?
If you are in a car accident with an out-of-state driver, you should know that South Carolina is a modified comparative negligence state. Under this legal doctrine, an injured party can only recover compensation if they are 50% or less at fault for an accident. If they are more than 50% at fault, they will face the absolute bar of recovery. If the injured party is partially at fault, their compensation is reduced in proportion to their percentage of fault for the accident. For instance, if an injured party is 20% at fault, their compensation would be reduced by 20%.
What Happens if I’m Injured in a Car Accident with an Out-of-State Driver?
Filing a claim against an out-of-state driver is fairly similar to filing a claim against an in-state driver. Generally, a car accident that occurs in South Carolina is governed by South Carolina laws, even if the driver who caused the collision is from a different state. This means you can still pursue a claim against the at-fault party’s insurance company, as most car insurance policies apply across state lines. You must file your claim in South Carolina because it’s the jurisdiction where the accident occurred.
Furthermore, it’s important to understand that car insurance policies vary from state to state, with different coverage requirements. If the at-fault driver’s insurance is not able to cover your claim, you can use your uninsured/underinsured motorist coverage. However, insurance companies are often difficult to deal with as they want to bolster their profits by paying accident victims as little money as possible for their claims. Therefore, you should consult a lawyer who can negotiate a fair settlement on your behalf.
At the Cockrell Law Firm, P.C., we are prepared to help you pursue the full and fair compensation to which you are entitled. If you have been injured in a car accident caused by an out-of-state driver, please don’t hesitate to contact our firm today to discuss your legal options. Connect with our firm today to learn how we can fight for you.
