Settling A Rock Hill Car Accident Case

There are options available for a car accident settlement in Rock Hill. Once an injured motorist is through with all of their treatment, and their lawyer knows what their damages are, they are able to present those damages to the liability carrier. If they can come to an agreement on the value of the case and the carrier is willing to pay an amount that the injured claimant is comfortable with, they will be able to resolve the case.

Reach out to a diligent car crash attorney to learn about the process for settling a Rock Hill car accident case. They could evaluate your losses and help you seek compensation that covers the full value of your damages.

Motor Vehicle Coverage and Damages

Settling a Rock Hill car accident case depends on the type of motor vehicle coverage and the extent of the damages. If it is clear that the policy limits exceed the amount of damages and there is no other additional coverage available, that claim may be settled on a full release. If the damages exceed the available coverage and there is underinsured coverage available, then the lawyer may resolve that claim on what is called a covenant not to execute, which allows the client to continue moving forward with a claim against the underinsured policy, if there is one.

Also, a case depends on the order of coverages. For instance, there may be a primary liability carrier, and there may be excess liability that would occur when the driver of a vehicle has a separate policy in their name. The vehicle may be insured under one policy, but if there is a permissive user of a vehicle that has not been named and insured, and that user may also have their own policy, so that would also come into play if there is a separate policy.

Scheduled Release

An option to avoid in all instances is a scheduled release. Scheduled releases occur when parties are unrepresented, and they engage with the insurance company by themselves. However, a scheduled release sounds appealing because it is an option to sometimes receive money quicker prior to completing treatment.

The danger with the scheduled release is that it is not taking into account all of the damages because they impose limitations on what type of medical treatment and the amount of money that they will cover.

If the medical treatment exceeds the amount allocated under the scheduled release, then the claimant would be on the hook for their own medical treatment after that point.

The other problem is it does not necessarily take into account all of the client’s pain and suffering or a client that person is typically unrepresented cause we would never allow someone to go into a scheduled release.  It would not take into account all the pain and suffering because they are resolving the case before they have gotten through all of their treatment. It would not be taking into account the length of the treatment or the degree of the pain and suffering during the duration of the treatment.

How a Car Accident Attorney Could Help

It is best to seek help from a skilled car accident lawyer following a motor vehicle crash. When going to an initial consultation with Rock Hill car accident lawyers, someone should have as much information about the wreck as they can get. At a minimum, they should have an FR-10 form, which is the exchange of information from that the police officer that is provided at the scene of the wreck.

With that form, the lawyer is then able to get the other party’s insurance information, name, address, and the full police report. A lawyer will also need to know a little bit about the client’s injuries, medical treatment, and what the plan for treatment would be.

If there are discharge papers from hospitals, that can also be helpful, as well as the client’s own insurance information, whether it is an insurance card from their auto policy or DEC page from their auto policy. Health insurance information, if there is any, is also required.

A diligent attorney could calculate your damages and help you seek compensation for all of your losses. Call today to learn about how an attorney could help you with settling a Rock Hill car accident case.

We at Schiller & Hamilton Law Firm hope you and your family are safe & well. We wanted to let our friends and clients know that we are currently working regular office hours. However, in an effort to decrease in-person contact we encourage our clients to schedule an appointment by phone or Zoom. If an in-person appointment is necessary please note our offices are locked so please call our office number upon arriving. Our plan is to continue serving you and your family and providing the same level of professional service you’ve always received from us.
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