When it comes to car accidents in Rock Hill South Carolina, we are not a no-fault state. There are states like Florida that are a no-fault states. In South Carolina, an injured party must prove that the other party is greater than fifty percent at fault. However, there are some types of coverages that people will carry on their automobile insurance that involve no-fault, like MedPay or Personal Injury Protection. This covers medical bills no matter who is at fault up to certain limits based on the policy. This coverage may be on the vehicle that you own or the one that you are in during the accident. It may be your own vehicle, or if you were not in your vehicle at the time. It may also be on a resident relative policy. There are types of no-fault coverages that are available in South Carolina, but South Carolina is not a no-fault state. One has to prove that the offending party was greater than fifty percent at fault. For more information about a no-fault state or South Carolina’s laws, please contact a personal injury attorney at Schiller & Hamilton.
What Is Comparative Negligence In Rock Hill, SC?
South Carolina has what is called a modified comparative negligence standard. Comparative negligence is a defense that an at-fault party will raise claiming that an injured party has contributed somehow to the accident or to the cause of the wreck. South Carolina modified comparative negligence has absorbed some other defenses such as assumption of risk or last clear chance, for instance.
If both parties are negligent, then the negligence of both parties is weighed. As an injured party, you must show that the other party was greater than fifty percent responsible for the cause of the wreck. Even if you are just partly negligent yourself, you could still collect the percentage of negligence that you were not negligent. If the other party was seventy percent at fault and you are found to be thirty percent at fault, then you could still collect up to seventy percent of your damages based on modified comparative negligence. In contrast, a contributory negligence state will completely bar an injured party from recovering any damages if he or she contributed only 1% to the wreck.
For a free legal consultation with a Rock Hill Car Accident Laws call 1-803-366-0333
Rock Hill, SC Statute of Limitations Personal Injury
The time limits are generally three years from the date of the wreck to have your case either settled or lawsuit filed. If this deadline is not met, you may be barred from bringing an action against the at-fault party. In cases against government agencies or state and local government entities, the deadline is shortened to two years and that two year statute would also apply to charitable organizations.
Because of the statute of limitations, if you have not settled your case or have filed suit in that particular matter against the at-fault party, you may be unable to bring an action against that party. It also means that the insurance company will have no further obligation to you to reimburse you for any of your damages. Having a car accident lawyer in South Carolina may help prevent an injured party from missing this deadline. If you have questions about your car accident, please give us a call.
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Why Is The Statute Of Limitations Extended For Minors?
In case of a minor, someone under the age of eighteen, that statute runs one year from the date of their eighteenth birthday or three years, whichever is greater. The Statute of Limitations is extended for minors because they obviously do not have the capacity to enter into contracts. They do not have the ability to make a decision as to whether or not they need to pursue a case. Minors are typically relying on a parent to make those decisions for them. However, in order to provide them the opportunity to seek justice after they reach the age of majority where a legal guardian has failed to do so, they will have time to file a lawsuit to recover their damages. In extending this deadline, a portion of the damages incurred belonging to the parents may be lost due to the statute of limitations for the parents claim. In an accident involving minors, the parents have a claim for loss of income and medical expenses. If the case is not brought within the three (3) years, the parent may lose their ability to recover for their loss even though the claim for the minor’s non-economic damages and future economic harm may be extended.
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