Personal Injury

Auto Accidents

Your Legal Rights After a Car Accident in Georgia or South Carolina

Most car accidents are the result of driver negligence. Speeding, distracted driving, and running red lights and stop signs are all common forms of negligence, and they all entitle victims to just compensation under Georgia and South Carolina law.

But, these are just examples. Driver negligence can take many other forms as well—and all forms of negligence can establish claims for liability. Fortunately, both Georgia and South Carolina require all drivers to carry liability insurance. So, if you or a loved one was injured in an accident that was someone else’s fault, there should be coverage available to you.

To file a successful insurance claim and recover the financial compensation you deserve, you will need an experienced Augusta auto accident lawyer on your side. Dealing with the insurance companies isn’t easy—even when the other driver is clearly responsible for your accident-related losses. When you hire a lawyer, your lawyer can deal with the insurance companies for you, and your lawyer can help protect your legal rights. These rights include:

  • The Right to Be Treated Fairly By the Insurance Companies – The insurance companies should handle your car accident claim in good faith. They have a legal obligation to do so, and they can face additional liability for engaging in bad-faith insurance practices. Unfortunately, bad-faith delays and denials are common, and the insurance companies routinely try to take advantage of unrepresented claimants.

  • The Right to Just Compensation for Your Financial Losses – When you have an insurance claim after a car accident, you have the right to just compensation for your financial losses. This includes your repair bills, medical bills, loss of income and benefits, and other out-of-pocket expenses. You are entitled to compensation for your losses to date and the losses you will incur in the future, and you will want to work with an experienced Augusta auto accident lawyer who can accurately calculate the value of your claim.

  • The Right to Just Compensation for Your Non-Financial Losses – Accident victims and their families can also recover just compensation for their non-financial losses. This includes losses such as emotional distress, pain and suffering, and loss of enjoyment of life. But, the insurance companies won’t cover these losses voluntarily, so you will need an experienced Augusta auto accident lawyer to help you protect these rights as well.

Augusta auto accident lawyer Keith B. Johnson has well over a decade of experience representing accident victims and their families. He can protect your legal rights, and he will fight to recover maximum compensation on your behalf. Keith understands what it’s like dealing with the insurance companies after a serious accident, and he is passionate about helping his clients secure the financial compensation they need to move on with their lives.

5 Important Facts About Filing a Claim After an Auto Accident

When you have a claim after an auto accident, the more you know, the better. With this in mind, here are five important facts about asserting your legal rights after an accident in Georgia or South Carolina:

#1: Auto Insurance Covers All Forms of Driver Negligence

If the driver who hit you or your loved one has auto insurance, you should be able to file a claim under his or her policy. This is because auto insurance covers all forms of driver negligence. Whether the driver who hit you or your loved one was distracted, drunk, being careless, or driving recklessly or aggressively, you can—and should—hire an Augusta auto accident lawyer to secure the coverage to which you are legally entitled.

#2: Your Insurance Policy May Also Apply

In addition to filing a claim with the at-fault driver’s insurance company, you may be able to file a claim under your policy as well. There are a few reasons why this might be something you want to do. First, if you have “no fault” coverage under your policy (i.e., personal injury protection (PIP)), you can use this coverage to help cover your expenses while your liability claim is pending.

Second, while Georgia and South Carolina both require drivers to have liability insurance, the mandatory coverage amounts are relatively low. So, if your (or your loved one’s) injuries are serious, the at-fault driver’s coverage might not be enough. If you have underinsured motorist (UIM) coverage under your policy, you can use this to help make up the difference.

Third, while all drivers in Georgia and South Carolina should have liability insurance, some don’t. Additionally, some neighboring states (including Florida) don’t require liability coverage. If you got hit by an uninsured driver and have uninsured motorist (UM) coverage, you can use your policy to cover the financial and non-financial costs of the accident.

#3:  Filing an Auto Insurance Claim Might Not Be Your Only Option

While you may have a variety of options for filing an auto insurance claim, it is also important to keep in mind that filing an insurance claim might not be your only option. For example, if you got hit by someone who was working at the time of the accident, the driver’s rideshare company or employer could be liable. Vehicle defects, road defects and a variety of other issues can give rise to claims as well.

#4: The Costs of a Serious Auto Accident Can Add Up Quickly

Regardless of the claim (or claims) you have available, you need to take your situation seriously. The costs of a serious auto accident can add up quickly, and you could face financial strain if you don’t collect the financial compensation you deserve. The first step toward taking your situation seriously is to speak with an experienced Augusta auto accident lawyer as soon as possible.

#5: There is No Reason to Try to Handle Your Situation on Your Own

While many people try to handle their accident claims without a lawyer, there is no reason to try to handle your situation on your own. You can hire an Augusta auto accident lawyer at no out-of-pocket cost, and your legal fees (if any) will be calculated as a percentage of your settlement or award. By hiring a lawyer, you can avoid dealing with the insurance companies directly, and you can feel confident knowing that you are seeking the maximum compensation available.

Need more information? Contact us for a FREE consultation today!

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