Is South Carolina a No-Fault State for Motorcycle Accidents?
After suffering an injury in a motorcycle accident, you may want to seek damages. Motorcycle accident victims typically file a claim with the liable party’s insurer to recover compensation. However, South Carolina is not a no-fault state for motorcycle accidents.
South Carolina operates under a fault-based system, which means you will file a claim with the liable party’s insurance company after your collision. Our South Carolina motorcycle accident lawyers at Schiller & Hamilton can help you hold the insurance company accountable for their financial obligation.
South Carolina Motorcycle Insurance Requirements
Under South Carolina law, all motorcyclists must purchase certain types and amounts of motorcycle insurance coverage as follows:
- $25,000 per person in bodily injury liability coverage
- $50,000 per accident in bodily injury liability coverage
- $25,000 per accident in property damage liability coverage
This minimum liability coverage is called 25/50/25. Although motorcyclists must purchase this coverage under the law, motorcycle accident victims often suffer injuries that cost considerably more than the minimum amount that insurance covers.
When this happens, you might find yourself dealing with additional expenses an insurance company does not have to cover. South Carolina is a fault-based state for motorcycle accident insurance purposes.
Other motorcycle accident laws you should also be aware of include:
- Motorcyclists 21 years of age and younger must wear eye protection
- Bikers age 21 years or younger must wear a reflectorized helmet
- Motorcyclists carrying passengers must have a passenger seat and passenger footrest
- Motorcycles must have headlights and mufflers without cutouts
Currently, there are no requirements or restrictions on a motorcycle’s handlebar height and turn signals. South Carolina law also doesn’t require safety inspections.
What Happens After You Suffer an Injury in a South Carolina Motorcycle Accident?
After you have been injured in a motorcycle accident, you must take certain steps that help you protect your right to seek compensation. Before you can file a claim with the insurance company, you will first need to see a doctor for a medical evaluation. It is important that you get treatment for your visible and not-so-visible injuries, as either could prove life-threatening or fatal if you don’t.
Since South Carolina is a fault state, our attorney can determine who is responsible for causing your injuries. They will need to thoroughly investigate your motorcycle accident to learn what happened and why.
Once our motorcycle collision attorney knows who is responsible for the accident, we can determine if they have insurance coverage. If they do, we can proceed with filing claims with their insurance company.
How the Insurer May Handle Your Motorcycle Accident Claim in South Carolina
Insurance companies will lose money if they pay out every motorcycle accident victim’s claim. In many cases, this means they may not treat injury victims fairly. You could expect the insurance company to attempt to settle for less than you deserve, blame you for causing the accident, or otherwise attempt to reduce its financial obligations if possible.
Fortunately, when you have our legal advocate on your side, you can work to avoid this scenario. Our South Carolina motorcycle accident attorney will help you prove your case with evidence and manage talks with the insurance company on your behalf. They can protect your rights and interests as you work toward a settlement.
Filing a Lawsuit in Your S.C. Motorcycle Accident Case Is Possible
While you may receive a motorcycle accident insurance settlement, it may not be enough to meet your needs. If the defendant has only the minimum amount of insurance coverage the state requires, your damages could exceed this limit. If this happens, filing a civil lawsuit against the liable party may be one of your only opportunities to recover the proper compensation for your damages.
For example, if the liable party bought $25,000 in injury liability coverage, but your medical expenses are $75,000, you may be able to recover up to $50,000 through the insurance company. However, you would still have $25,000 in medical expenses that need to be sought after through a motorcycle accident lawsuit, assuming the insurer awards you the full $25,000.
Contact Schiller & Hamilton for Help After a South Carolina Motorcycle Accident
Dealing with the insurance company after a motorcycle accident is one of the most tedious yet necessary aspects of the claims process. You can get legal help with filing a claim in South Carolina, which is not a no-fault state for motorcycle accidents. Working with an attorney also shows the insurance company that you are taking your case seriously.
When you are ready to start on your case, call our office or complete our online contact form for your no-cost, risk-free consultation. We are standing by and ready to learn how our South Carolina motorcycle accident lawyer at Schiller & Hamilton can help.