What to Do as a Passenger in an Auto Accident

Salley Law Firm • September 27, 2019

YOU HAVE RIGHTS AS A PASSENGER IN AN AUTO ACCIDENT

South Carolina is a fault-based liability state. That means, if you are in an automobile accident and where another driver caused the collision, then the other driver should be responsible for the injuries. This however gets significantly more complicated when there are multiple parties involved and multiple insurance policies.

What if the other driver was uninsured?

Generally, as discussed above, the driver who caused the accident should be responsible for paying for the injuries caused by their negligence. However and unfortunately, not everyone who drives a vehicle is insured.

If you were in a vehicle driven by another individual and you all were in an accident, you have a couple of options. One, you may sue the other driver. This however will not be beneficial if the other driver has no insurance or other assets to pay a judgment. Second, you may file a claim for “uninsured motorist coverage” with the insurance of the driver of the car you were in. That does not mean you are suing the driver, it only means that you exercising your right as a passenger to coverage the driver has purchased. Remember, it was for this very purpose that the state of South Carolina mandates and the driver carries uninsured motorist coverage.

What about my health insurance?

If you have been in an accident as a passenger, it is best to get the treatment you need immediately and place any medical expenses on your own health insurance. This will allow you to begin recovering your health immediately. Your health insurance is designed for this purpose and you should take advantage of it. Do keep in mind that once you have filed a claim and begin recovering, your insurance will then usually require that you reimburse all or some of the benefits you have received from them through any recovery that is made from the at-fault parties insurance. In many cases, they will directly recover from the at-fault parties insurance through a subrogation claim.

What if the driver of the car I was in, is partially at-fault?

South Carolina uses a modified comparative negligence system. This means that even if your driver was partially to blame for the accident, you may still be able to recover for your injuries. This will usually be accomplished through a combination of the at-fault parties insurance and your driver’s insurance coverage.

Auto accidents can be extremely frightening and dangerous. Immediately after an accident is not the time to begin fighting for your rights while you are still in shock and potentially on medications. That is why it is important to consult with a qualified and experienced attorney to get the recovery you deserve. If you have been seriously injured in a car accident, please contact Salley Law Firm at (803) 356-5000. Your consultation is free and there is no fee without recovery in personal injury cases.

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