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Will Insurance Pay My Auto Accident Claim?

When you buy auto insurance, you are paying for protection against the sudden financial losses that can result from an accident.

Unfortunately, insurance companies are not known for making prompt, fair claims payments - in fact, they are likely to try to deny your claim, offer you considerably less money than you are entitled to, and drag you into a lengthy negotiating process.

That's why it's important to understand how insurance coverage works and how your SC auto accident attorney can help you get full compensation after a car accident.

What If I Caused the Car Accident?

Without insurance, an accident that's your fault could leave you having to pay for auto repairs or the cost of new vehicles, as well as the costs of potentially exorbitant, long-term medical care for yourself and anyone else injured in the accident.

Your policy also protects you from having to pay legal bills - your auto insurance company is obligated to provide a defense attorney to represent you if someone who was injured in the accident files a personal injury lawsuit against you.

When you notify your insurer that you've been in an accident, they will investigate and determine who they think is at fault, defend the claim, and pay the settlement or verdict up to your policy limits.

What If the Accident Wasn't My Fault?

If you get hurt in an auto accident, the at-fault driver's liability insurance is the primary source of damages.

But, don't think they are going to rush in and hand you a pile of money for your troubles. An adjuster for the at-fault driver's insurance company may call you soon after the accident, and they will probably be very nice. Don't be fooled - their job is to find a way to reject your claim or to pay as little as possible.

Whether they deny the claim outright or make a less-than-adequate settlement offer, you will likely need to negotiate, and the adjuster has a lot of experience with high-stakes negotiations. You will also need to have all of your evidence to prove liability and the amount of damages - most importantly, you will need to know what damages you are entitled to and can recover.

The insurance adjuster is not going to tell you this information or help you to collect full and fair compensation.

What If the Other Driver Doesn't Have Insurance?

Of course, if the at-fault driver doesn't have insurance, there will be no adjuster to make a settlement offer or deny your claim.

The good news is, SC requires you to have uninsured motorist coverage (UM), so, to some extent, you should be covered.

UM coverage is designed to protect you when:

  • The at-fault driver doesn't have auto insurance;
  • The other driver's policy doesn't meet the state's minimum liability limit;
  • The at-fault driver's insurance company refuses to pay the claim; or
  • You are in an accident with a hit-and-run driver.

What If the At-Fault Driver Doesn't Have Enough Insurance?

That's where underinsured motorist coverage (UIM) comes in. UIM is not required by SC law, but you should definitely buy it.

The at-fault driver's insurance should cover your damages up to the limits of their policy. If that's not enough to cover your costs, you will have to pay the rest out of your pocket - unless you have UIM.

A UIM policy will cover whatever costs the at-fault driver's insurance doesn't cover - up to the limits of your policy.

Got Axelrod?

Your Myrtle Beach auto accident lawyer on the Axelrod team will help you to decide:

  • Who is at fault;
  • Whether to send a demand letter or file a lawsuit; and
  • What all possible sources of recovery are.

We will put together your evidence, negotiate with the insurance companies, and try your case to a jury if they do not offer you full and fair compensation for your injuries.

If you have been injured in a car wreck in the Myrtle Beach, Conway, Georgetown, or Rock Hill areas, call now at (843) 916-9300 or contact us online to speak with an experienced personal injury lawyer about your case.

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Axelrod & Associates, P.A.
4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577

Phone: 843-353-3449
Fax: 843.916.9311
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Rock Hill, SC 29730

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Little River, SC 29566

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