When you are injured in a car accident does your insurance pay for your damages or the other driver's?

This is a common question asked by most people who have been involved in an automobile accident. The answer depends on the following factors:

1.    Who is legally at fault for the accident?

This is not always the driver who received the ticket, but rather the one that liability can be assessed against in later legal proceedings. If the accident was your fault then the other driver's insurance will not be involved in your claim.

2.    How much are the medical bills?

The amount of the damages will have a significant part in what insurance policies may be implicated.

3.    If the other driver was at fault - how much liability insurance does he have?

The other driver's insurance company is only responsible up to the limits of the liability coverage purchased for that vehicle. In South Carolina this could be as little as $25,000.

4.    If the other driver was at fault - and doesn't have enough insurance, did I purchase my own insurance to help?

When you purchase automobile insurance your agent is required under South Carolina law to offer you uninsured and underinsured insurance coverage up to the limits of the liability insurance you purchase.

Uninsured covers your damages in the event that the other driver - when they are at fault - did not have any car insurance.

Underinsured covers your damages in the event that the other driver - when they are at fault - does not have enough car insurance to pay your damages.

5.    Do you have personal injury protection or medical payment coverage on your own policy?

If you purchased personal injury protection (PIP) or medical payment coverage from your own insurance company it will pay for your medical expenses regardless of whose fault the accident was. Even better, if the other driver was at fault and their liability insurance also pays your medical expenses you get to keep the money.

In cases where the accident was your fault, and you do not have this type of coverage, then there will not be any coverage available for you beyond your own personal health insurance.

To discus your automobile accident claim with injury law attorney James Snell please contact our Lexington, South Carolina office at 1-866-252-5789.