Unfortunately, pedestrian crashes remain a serious safety risk in our region. For injured pedestrians, navigating the insurance claims process can be challenging. Insurance companies are not on your side. It is crucial that you understand how they handle claims. Our Charleston pedestrian accident attorney can explain how insurance typically handles pedestrian accident cases in South Carolina.
The At-Fault Driver’s Liability Coverage is the Primary Source of Recovery
South Carolina is a tort state. As part of a claim, an injured pedestrian must show that the driver’s negligence caused the crash before receiving compensation. Once liability is established, the claim proceeds against the driver’s bodily injury liability insurance. All motorists in our state are required by law to have that type of coverage (S.C. Code Ann. § 38-77-140). It is insurance that pays damages for medical bills, lost wages, pain and suffering, and other losses up to the policy limits.
Note: A driver’s insurance company is not on your side. Insurers begin their investigation immediately. Adjusters review police reports, interview witnesses, examine photographs, and look for any statements that suggest the pedestrian was partially at fault.
A Common Insurance Company Defense Strategy: Comparative Negligence
It is common for insurers to dispute fault or to argue that the pedestrian contributed to the collision. South Carolina follows a modified comparative negligence standard. A pedestrian can recover compensation if they are less than 51% responsible for the accident, but their award is reduced by their percentage of fault. Insurance companies routinely use this rule to reduce payouts. Even being held liable for a small percentage of your own accident could potentially take thousands of dollars out of your settlement.
Medical Payments, UM, and UIM Coverage Can Also Apply
Pedestrians may have access to additional coverage through their own auto insurance policy, even though they were not driving. South Carolina allows pedestrians to use Medical Payments (MedPay) coverage for immediate medical expenses. The benefit pays regardless of fault and often provides early financial relief. MedPay does not prevent a claim against the at-fault driver.
Uninsured motorist (UM) and underinsured motorist (UIM) coverage may also be available. UM applies when the at-fault driver has no insurance or leaves the scene of the crash. UIM applies when the driver’s liability limits are not enough to cover the pedestrian’s damages. These coverages follow the insured person, not the insured vehicle.
Evidence is Key for a Successful Pedestrian Accident Injury Claim
Remember, South Carolina is a fault-based pedestrian accident injury state. To bring a successful claim, you will need to prove both liability and damages. On both accounts, comprehensive evidence is key. Some of the most important forms of evidence in pedestrian accident claims include photographs of the scene, skid marks, vehicle damage, witness statements, surveillance video, police reports, and cell-phone records. A top Charleston, SC pedestrian accident lawyer can help you gather and prepare all of the evidence that you need to prove fault and maximize your recovery.
Consult With Our Charleston, SC Pedestrian Accident Lawyer
At Query Sautter & Uricchio, LLC, our Charleston pedestrian accident attorney has the knowledge and experience to take on big insurance companies. Hurt in a bad pedestrian crash? We can help. Contact us today for your free, no obligation initial case review. With a law office in Charleston, our firm handles pedestrian accident injury cases throughout South Carolina.