8 Key Points to Protect Your Rights After a Car Accident in Myrtle Beach
After suffering injuries in a car wreck, there is information you should know to ensure you are not taken advantage of by the at-fault driver or their insurance provider. The following points can help you protect your rights.1. You should not sign any medical releases, give a recorded statement to the insurance adjuster, or sign a release before speaking with an attorney. Insurance adjusters attempt to settle cases for as little as possible, as quickly as possible. Before speaking with an adjuster, talk with a Myrtle Beach injury lawyer to make sure your rights are protected.
2. The law is designed to put you in the position you enjoyed before the accident took place. Many people believe that if they had a pre-existing condition before the wreck took place, they will not receive a fair result in a civil case. However, South Carolina law says the at-fault driver takes you as he finds you and is responsible for every issue he causes or worsens. If you had a health issue that was worsened by a wreck, you have the right to recover a fair outcome.
3. Your medical bills from the wreck should be filed with your health insurance provider, if you have one. If the hospital tells you they are unable to file your bills through health insurance because your injuries were caused by a car accident, that is simply not true.
4. Just because the accident report says you were at fault, doesn’t mean that is the final say. The accident report is not admissible at trial, which means the officer’s opinion is not definitive when determining fault. Talk to an attorney about how you can prove you were not at fault.
5. Visitors from out-of-state have the same rights as a South Carolina resident. If you were injured in a car wreck while on vacation in Myrtle Beach, you have the same rights as a South Carolina resident to a fair and just recovery.
6. The at-fault driver may not be the only responsible party. For instance, if the wreck was caused by a drunk driver or poor truck maintenance, you could also hold the overserving bar or the trucking company accountable for the harm you endured.
7. Even if the other driver was uninsured, you still have ways to secure financial recovery. You can file a claim to receive payment from your underinsured or uninsured insurance policies if the other driver does not have sufficient coverage to pay for your damages.
8. If the at fault driver was grossly negligent, you may be able to receive what are known as punitive damages. Gross negligence means that the person who caused the wreck knew their actions would cause harm but chose to do it anyway. Examples of this include a person driving drunk, a teenager texting and driving, or a trucking company falsifying time logs to get more hours out of their truck drivers.