In most car accidents, the police officers who respond to the scene and investigate will decide which driver is getting a ticket. It is generally assumed that the driver who gets the ticket is the one deemed legally at fault. But what happens if neither driver is given a ticker? In this case, the insurance companies will do their own investigation, including reading over the police report, to determine liability.
If you didn’t get a ticket after a car accident and are unsure how that might affect your case, talking with a personal injury attorney can help clear up any confusion. Our team has experience with all kinds of car accident cases and can walk you through your options.
Who Determines Fault?
The insurance companies get the final say on who was at fault for a car accident. Even if the police don’t issue any citations as part of their investigation, the insurance companies may still find one or both parties to be at fault for the accident. If they believe that both parties are at fault, they will determine a percentage of fault to assign to each driver. This percentage is very important when it comes to whether or not you can file a personal injury case in South Carolina.
Do I Still Have a Case If I Was Found Partially at Fault?
If you were found partially at fault for a car accident, it’s still possible that you may be able to file a personal injury case. According to South Carolina law, a driver must have been found to be less than 50% at fault for an accident in order to pursue a personal injury lawsuit. The percentage of fault can affect how much compensation you are able to ask for and what the judge or jury may award if you win.
What Do I Need to File a Personal Injury Case After a Car Accident?
To file a personal injury case after a car accident, you will need to be able to show that the other driver was at fault or that they were more than 50% at fault for the accident. You will also need to show that you sustained injuries or other damages from the accident. You can show that you incurred medical bills and lost wages from time off of work after the accident, and you may also be able to pursue compensation for intangibles such as pain and suffering.
To start the process of filing a personal injury lawsuit after a car accident, call our firm today at (803) 888-2200. Our team is ready to discuss the particulars of your case and provide you with information on your options for pursuing compensation.