If another motorist caused your road rash, you could file a third-party claim with their insurance provider. South Carolina requires all drivers to carry bodily injury liability coverage of at least $25,000 for one person and $50,000 for an entire incident, according to the South Carolina Department of Insurance (DOI). It will help compensate for the injury expenses incurred from the accident. These costs include your hospitalization and medication.
Some states require your injuries or medical expenses to meet a certain threshold before you can avail of the other driver’s liability insurance. South Carolina does not have any such conditions.
If the Other Driver Does Not Have Insurance
Your Uninsured Motorist insurance will cover your expenses if you have to deal with drivers without liability insurance. It is the second type of coverage that South Carolina mandates motorists to carry. If your road rash resulted from a hit and run accident, the Uninsured Motorist coverage would also come into play. The minimum amount you need for this is the same as the state’s requirement for liability insurance.
If you have to deal with a motorist with insufficient coverage, Underinsured Motorist or UIM insurance can cover you. UIM is not a requirement when driving in South Carolina, but auto insurance companies must still offer it to you. It is your choice whether you buy it or not.
Other Policies that Can Cover My Expenses
Personal Injury Protection or PIP insurance can also assist in covering your injury-related costs. However, in South Carolina, PIP is optional since you are not in a no-fault state where you cannot file insurance claims against the other driver. You have to specify to your insurer that you want to buy it. Though you have to pay more to your premiums, it may prove beneficial in situations where even your UIM insurance cannot cover everything.
PIP coverage also covers your expenses even if you are liable for the motorcycle accident. You need not wait for the insurance provider to determine who is at more fault before you can recover any money.
Filing an Accident Lawsuit for Your Road Rash
If liability insurance, UM, or UIM insurance cannot cover all the costs of your road rash injury, you could file a civil lawsuit against the driver responsible for the crash. Instead of negotiating with the insurance provider examining your evidence, South Carolina’s civil courts will preside over your case and determine how much you should receive as reimbursement.
Keep in mind that lawsuits play by a different set of rules than insurance claims. For one, you need to follow the state’s statute of limitations or filing deadlines. Motorcycle accident injuries, including your road rash, have a three-year time allowance.
Additionally, South Carolina civil courts follow a modified comparative negligence rule for injury cases. It means your total recoverable compensation may get reduced if the court finds you partly at fault for the accident. Let us say that you are 30 percent liable for being slightly over the speed limit, although the other motorist was driving more recklessly. As a result, you will only recover 70 percent of the initial amount. If you were to receive $50,000, it would now only be $35,000.
However, you also have to be sure that your share of the fault does not exceed 50 percent. You cannot receive any compensation if it does.
Lawsuits are usually your last option as it can take you a long time to get compensated. But one advantage with a court trial is that the jury may give you a fairer verdict, as they will assess your case more objectively. In a third-party insurance claim, the insurer may try to minimize their client’s liability to reduce the amount they have to pay you.
Get Help in Seeking Compensation
Indeed, you can seek compensation for a motorcycle road rash injury in South Carolina through different options. If you need help with the legal procedures involved in your case, get in touch with Pintas & Mullins Law Firm and our motorcycle accident lawyers. They are familiar with the state’s laws related to your accident and can help you find evidence of the other motorist’s liability. We can also negotiate with insurance providers and speak on your behalf in court.
We have handled personal injury cases throughout the U.S. for over three decades. For inquiries, you may call the team at (800) 223-5115. We offer free consultations and work on a contingency-fee-basis.