South Carolina car accidents are often settled by way of a "Release." In other instances, a Covenant Not to Execute Judgment ("Covenant") is preferable. A Covenant is used in cases where you want to collect funds from the at-fault driver's liability policy, but preserve the right to seek compensation from other insurance policies.
How A Covenant Not to Execute Works
For instance, if the at-fault driver only has $50,000.00 in insurance coverage, but you have $100,000.00 in medical bills, you will want to file an underinsured motorist ("UIM") claim with your auto insurance company. By signing the Covenant, you can go ahead and obtain the $50,000.00 from the at-fault driver's liability policy, then seek additional funds from your UIM policy. In return for the $50,000.00, you covenant (i.e. promise) not to execute any judgment against the at-fault driver. In other words, you promise not to go after the at-fault driver's personal assets.
Speak With a Personal Injury Lawyer After a Car Wreck
The subtle difference in wording between a Release and a Covenant can have a huge difference on the amount of money you recover. Rather than trying to sort through the legalese by yourself, I encourage you to at least consult with a South Carolina attorney before signing anything.
Contact South Carolina Accident Lawyer Kenny Berger
If you would like help reviewing a Covenant to ensure your rights are protected— or to find out whether additional compensation may be recovered from another insurance company — contact the Law Office of Kenneth Berger for a free consultation. A car accident lawyer can help injured people after an accident by handling the crash investigation, negotiating your insurance claims, and representing you in any lawsuits that you need to claim a full and fair recovery.
The attorneys at the Law Office of Kenneth E. Berger have years of experience handling cases like yours, and would be honored to help you and your family with the legal recovery process while you focus on healing. Our offices are conveniently located in Columbia and Myrtle Beach, and we proudly serve the Sumter and Florence areas, as well as the entire state of South Carolina. Call us today at 803-790-2800 (Columbia, SC) / 843-427-2800 (Myrtle Beach, SC), or start a live chat 24/7 with a real, live person to arrange a free and confidential consultation.
For even more information relevant to your car accident claim, download my free guide to South Carolina auto accidents. It's full of helpful advice and tips to consider when pursuing an auto claim in South Carolina.