Common Car Accident Questions

Who Covers My Medical Expenses?

After a car accident, many individuals wonder who will be responsible for covering their medical bills. Coping with substantial medical expenses alongside potential income loss can be overwhelming. If you find yourself in this situation, it's essential to understand the collateral source rule.

The collateral source rule is a legal principle that dictates that the person responsible for your accident due to negligence cannot reduce the amount they owe you by payments made by an independent source. For instance, if the at-fault party is found responsible for $100,000 in medical expenses resulting from your injuries, this amount cannot be diminished by any payments made by your insurance company.

If the other driver caused the accident, their insurance company will cover your medical expenses up to the bodily injury policy limits in a car accident settlement or court judgment. Until you receive payment from the at-fault driver's policy, your health insurance will cover your medical bills. If you lack health insurance, your attorneys will work to negotiate the total amount you need to pay for your medical costs.

Who Will Repair My Vehicle?

Another common concern for accident victims is who will pay for vehicle repairs or replacements. If your vehicle is repairable, and the at-fault party accepts liability, their insurance company will cover the repair costs. However, if the at-fault party denies responsibility, the situation changes. If you have full-coverage insurance, your insurer will pay for the repairs and then seek reimbursement from the at-fault driver's insurance company after liability is established.

If your vehicle is deemed totaled, the at-fault driver's auto insurance company will determine the vehicle's value and issue you a check if liability is accepted. If not, you can file a claim with your full-coverage insurance to replace your vehicle as previously described. Once the at-fault driver's liability is determined, your insurance company will pursue reimbursement from their insurer.

What Is the Value of My Case?

The worth of a car accident case varies as each case is unique. There's no straightforward answer to determine the exact value of a specific case. The compensation you may receive for your accident depends on various factors, including the nature, severity, and extent of your injuries, your likelihood of recovery, time missed from work, medical bills, and more. Your attorney will assess your case's specifics to estimate its value.

Can I Recover Lost Wages?

If you suffered income losses due to time off from work caused by your injury accident, you can seek compensation for these losses in your personal injury claim. To do so, you need documentation from your employer verifying your income losses and the time taken off work based on your doctor's orders during your recovery.

If you're self-employed, you'll need to provide evidence of your income losses and other damages. In some cases, you might have to hire an economist as an expert witness to prove that your accident led to income losses and will likely impact your future earning potential.

Consult with a Myrtle Beach Car Accident Lawyer for a Free Evaluation

Pain and Suffering

Pain and suffering constitute non-economic or general damages in South Carolina. These damages aim to compensate you for both the physical pain and emotional distress resulting from your accident. Juries do not adhere to a specific standard for determining pain and suffering compensation or whether to award it at all. Instead, jurors use their discretion, considering the presented testimony and evidence.

What Is the Average Auto Accident Settlement?

As previously mentioned, no two injury cases are identical. Therefore, it's not possible to contact a personal injury attorney and receive an immediate estimate of your car accident injury settlement. Your attorney will need to review the evidence and expenses related to your case to establish a range within which a reasonable settlement may fall.