Do I Need Uninsured Motorist Coverage in South Carolina?

/by

Motorists in Columbia, South Carolina face several hazards on the roads each day. We contend with distracted drivers, drunk drivers, crumbling roads, and other dangerous conditions that can result in serious accidents or even death.  One of the biggest risk factors for South Carolina drivers is getting entangled with someone who has either too little or no insurance coverage at all.

When you are in an accident with an uninsured or underinsured motorist, your ability to collect for damages becomes complicated. One of the best ways that you can protect yourself from these events is to carry uninsured motorist coverage. Here is what you need to know about uninsured motorist coverage in South Carolina and what happens if you get into an accident with an uninsured driver.

South Carolina Auto Insurance Rules

South Carolina law requires that all drivers carry a certain level of auto insurance coverage. As a driver in this state, you are supposed to have several types of coverages at some minimum limits. These include:

  • Bodily Injury Coverage: Minimum of $25,000 per person, per accident.
  • Bodily Injury Coverage: $50,000 total coverage per accident.
  • Property Damage: Minimum $25,000 per accident.

Also, all drivers are required to carry some form of uninsured motorist coverage, generally equal to the minimum amounts of your liability coverage, such as 25/50/25.

Uninsured Motorist Coverage

Uninsured motorist coverage in South Carolina provides protection for you in the event that someone else decides not to follow the law and purchase auto insurance. The coverage will pay up to the policy limits if you are in an accident with an uninsured driver or if you are involved in a hit-and-run accident.

Accidents With Uninsured Motorists in South Carolina

According to the Insurance Information Institute (III), about 7.7% of all South Carolina drivers are making their way around the state completely uninsured. While this is one of the lower rates in the U.S., it’s still a problem if you’re in an accident with an uninsured motorist. Fortunately, this valuable protection will help if you are injured or have property damage.

Underinsured motorist coverage is a bit different. If you are involved in a serious auto accident with someone else that only has minimum limits on their policy, and that other party was at fault, there may not be enough coverage to pay for your damages. This is where underinsured motorists coverage might pay. Auto insurers in South Carolina are required to offer you this coverage, but you don’t have to carry it.

Recovering From Your Own Insurance Company

Even when you have the right coverage in place, getting a large insurance company to pay when you have an accident can be a chore. Yes, we’re talking about your own insurance company, which makes having to deal with red tape and claim denials even more frustrating.

Your insurance company is supposed to look out for your best interests, but the truth is that they will put their profits before your health and wellbeing most days of the week. This is why it’s just as important to have a trusted and experienced South Carolina auto accident attorney on your side from the start.

If you need to file an uninsured motorist claim in South Carolina, it’s important that you are prepared and remain persistent. A few of the things that you’ll need to do include:

  • Report the accident to your insurance company as soon as possible. If you wait too long, the insurer may use this as a reason to deny your claim.
  • Document everything about the accident, including damage, any injuries, and witness information.
  • Be prepared to explain the incident to the insurance company, but use caution. Avoid giving recorded statement until you first discuss your case with a knowledgeable accident attorney. Insurance adjusters are well-trained at getting accident victims to admit potential fault.
  • Also, avoid discussing settlement with an insurance company before consulting an attorney. If you are offered a quick settlement, it probably means that your case is worth much more than the figure mentioned.

What many injured parties don’t realize is that settlements in the case of an uninsured motorist can go beyond policy limits for a single policy. If there is more than one driver or policy involved, coverage in South Carolina can be “stacked” until the injured parties recover a satisfactory level of compensation.

Dealing with uninsured motorist coverage in a serious accident can be a complicated matter. This is why we suggest that you contact an experienced South Carolina accident attorney to protect your rights. Call our Columbia auto accident attorney at (502) 384-7400 or toll-free at (855) 598-7425 to schedule a free consultation to discuss your case.

How Do I Prepare For an Independent Medical Exam (IME) in South Carolina?

/by

If you are making a claim for injury in South Carolina, you might be asked to submit to an Independent Medical Examination (IME) by the insurance company. IME’s are most often used in South Carolina worker’s compensation cases, but you might find a request for an IME in a different type of case if there is a question about injury causation, the need for treatment, or a disability rating.

If you’ve been asked to attend an IME, you may be nervous or unsure about the process. This is perfectly understandable. Here is what you need to do to prepare for an IME so that you can protect your rights and reduce your anxiety level.

Arrive on Time

IME’s are detailed medical evaluations that cost either the insurance company or an attorney on your case a significant amount of money. The IME physician’s office blocks out time for your evaluation, so it is important that you arrive on time for your appointment. Map out the physician’s office ahead of time and make arrangements for transportation if necessary.

Come Prepared

An IME is much more than just a routine office visit. The physician likely had access to your medical records before the exam, but it would be best if you also came prepared to answer some questions. A few of the things that you should be ready to explain in detail include:

  • Your symptoms – Make a list of your symptoms ahead of time and go over this with your injury attorney. It’s important that you can clearly list the issues that you are having so that the IME doctor can verify your injury and disability.
  • How your injury occurred – You should be able to clearly describe how your injury occurred. If there was a work accident, be prepared to describe the accident and conditions under which you were injured.
  • Your treatment to date – Some injuries require long-term treatment, therapy, and even surgery. You should be able to deliver a history of your medical treatment to date to the IME doctor as well as fill them in on any recommendations from your treating physicians.
  • Your medical history – You will definitely be asked about your medical history since some insurance companies will wish to point out that your issues are related to a pre-existing condition. Be prepared to describe any prior injury or medical care as well as how this current injury worsened or aggravated your condition.

Be Truthful

The IME doctor already has a copy of your medical records and knows about your case. Your best option during an IME is to be completely honest. In fact, a physician might think that you are being less than genuine if there is something glaring, such as a heart bypass surgery, in your medical records that you fail to disclose when questioned.

Remain Consistent

It’s quite possible the IME doctor will ask you the same questions more than once to see if you deliver answers that are contradictory. If you are being honest, this shouldn’t be an issue. When you give your answers to the physician, take your time and remain consistent throughout the exam.

Understand the IME’s Role

Although the first letter in IME stands for “independent,” the truth is that these exams are far from impartial. An IME physician is hired by the insurance company, and there’s a good chance the doctor has worked for the insurance company frequently in the past. The physician is supposed to assess your injury, but they may not be completely unbiased.

Remain Calm and Polite

Despite what we’ve just said about the IME, taking an adversarial approach to the exam won’t work in your favor. You’ll receive a much more positive result if you are completely cooperative and polite throughout the exam. If the physician asks you to perform a maneuver, do so without question. There is just one exception to this rule.

Avoid Tests Not Agreed to Ahead of Time

You should come to an IME thoroughly prepared for the experience. Your injury attorney will tell you what sort of physician will conduct the exam and what to expect. If tests, such as x-rays or an MRI, are a part of the exam, this should be disclosed ahead of time. If an insurance company or physician attempts to spring a test on you without notice, it is time to give your attorney a call.

If you’ve been scheduled for an IME in South Carolina and have questions, contact your experienced injury attorney for further guidance.  Peake & Fowler represent clients throughout South Carolina and the Columbia area. Contact us at (803) 788-4370, or use our online form for a free consultation to discuss your case.

Is a Dog Bite Covered by Homeowner’s Insurance?

/by

Each year, millions of Americans are victims of some type of dog attack or dog bite. The Centers for Disease Control and Prevention (CDC) reports that 4.5 million people are the victims of dog bites annually in the U.S., and half of those bitten are children. While some dog bites are minor, others can be serious, causing infection, disfigurement, or even death.

Dog bites and dog attacks can be scary for both the victim and the dog’s owner. Victims of dog bites might end up with permanent injury or face reconstructive surgery.  A dog owner could face a premises liability lawsuit to compensate victims for damages. Often, these are filed as claims under the dog owner’s homeowner’s insurance policy.

Dog Bite Coverage by Homeowner’s Insurance

The Insurance Information Institute reports that dog bites accounted for more than a third of all insurance liability claims paid in 2016, costing the industry more than half a billion dollars in one year. In 2016, there was an 18% increase in dog bite claims nationwide compared to the prior year, and the awards for these claims have gone up 73.4% since 2003.

In most cases, a homeowner’s policy will pay when their dog bites or attacks another person, subject to the limits of liability on the policy. The average amount of liability insurance that most homeowner’s carry is between $100,000 and $300,000.

There could be some limitations in coverage with homeowner’s insurance, however, so it is important to understand how an insurance company may word their policy. For example, some insurance policies limit or exclude coverage for subsequent claims related to dog bites and attacks. So, if you have been bitten by a dog that is a repeat offender, your claim might be denied. Also, there could be language in a policy that excludes certain breeds of dogs, such as pit bulls or Rottweilers.

You might also run into some cases where coverage is limited in other ways. For instance, a homeowner’s policy might limit coverage for dog bites if the owner is away from their property or in a vehicle. If a dog bites you in a park or leans outside the window of a car to attack, there may be limited or no coverage at all. In the case of the vehicle, it’s possible that an auto insurance policy will cover the claim for injury.

If an animal’s owner has a pet that is a considered a dangerous breed or is one that has bitten someone in the past, they might have a pet insurance policy that is separate from their homeowner’s insurance. This policy could provide additional coverage for a dog bite or attack.

As you can see, there are several different types of insurance policies that might make payment in the event of a dog bite. Even if the dog bite is covered by insurance, there is still the matter of convincing the insurance company to honor their agreement and make payment for injury and damages. This often requires the assistance of an experienced and skilled South Carolina dog bite attorney.

South Carolina’s Dog Bite Law

The way that dog bites are handled varies by state. Some states have what is known as the “one-bite rule,” which means that a victim has to prove that the dog owner was aware that their animal was dangerous. This means the dog gets one excused bite before liability kicks in. Fortunately, this isn’t the case in South Carolina. South Carolina is a “strict liability” state, which means that the dog’s owner is liable for the animal’s behavior even if they had no idea that the dog might attack.

Dog bite law in South Carolina is covered under the South Carolina Code of Laws Section 47-3-110, which states that a dog’s owner is responsible for injuries inflicted by their animal if:

  • the injuries are caused by the dog biting or “attacking” another person,
  • the injured person was either in a public place or on private property with permission, and
  • the injured party didn’t do anything to provoke the animal.

If you’ve been bitten by a dog in South Carolina, you may be entitled to compensation for your injuries and other damages. If you feel that the dog and their owner are responsible for your injuries, it’s important to file a claim and seek legal representation quickly, as there is a time limit on these cases. Contact the South Carolina dog bite attorneys at Peake & Fowler at (502) 384-7400 or toll-free at (855) 598-7425 or online to discuss the specifics of your case.

What Happens if You Are Injured by an Aggressive Driver?

/by

If you are a driver in South Carolina, there is good chance that at some point over the years, you have experienced frustration with the actions of another driver. In fact, you may have even responded to the other driver’s frustrating actions by doing something aggressive yourself, ranging from using foul language or hand gestures to tailgating or tapping your brakes.

Aggressive driving is incredibly dangerous and is a major factor in traffic accidents throughout the United States. The following considers some facts about aggressive driving, and what happens if you are involved in an accident caused by the aggressive action of another party.

Types of Aggressive Driving

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as, “The operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.” Because this is a very broad definition, acts that could be characterized as aggressive while driving include:

  • Following too closely/tailgating;
  • Changing lanes illegally or unsafely;
  • Illegal passing;
  • Failing to signal before changing lanes or making a turn;
  • Speeding or driving too fast for conditions;
  • Engaging in racing;
  • Failing to follow posted traffic laws;
  • Failing to yield;
  • Driving too closely to another vehicle or bicycle (side-to-side vs. front-to-rear); or
  • Otherwise driving in a reckless or careless manner.

According to the Insurance Institute for Highway Safety, speeding is the leading type of aggressive driving maneuver that is associated with fatal crashes. Speeding contributed to 18.8 percent of fatal crashes involving drivers and motorcyclists in the United States in the 2014.

South Carolina Fault Laws – Who’s Liable for My Injuries?

If the actions of an aggressive driver cause or contribute to a car accident where you suffer injuries or property damage, you no doubt have questions about your rights under the law and what you should do next.

South Carolina is a tort liability state, which means that drivers in the state are responsible for paying for the accidents that they cause, and that is why all drivers are required to carry bodily injury and property damage liability insurance. This also means that if another driver causes your accident and injuries, you can file a claim against that driver’s insurance, or can even file a lawsuit directly against the other driver.

In order to recover the compensation that you deserve, you will have to prove that the accident was indeed the fault of the other driver. This requires evidence, which your South Carolina car accident attorney can help you to collect. Some steps to take after a crash caused by an aggressive driver to preserve your right to your full compensation amount include:

  • File a report with the police– you want to make sure that the accident, as well as its cause, is well documented. Tell the police what you believe happened, and make sure to request a copy of the accident report.
  • Talk to witnesses at the scene – As you wait for police to arrive, talk to any eyewitnesses at the scene of the accident. Write down the witnesses’ names and contact information, as well as a few details about what they saw.
  • Take pictures – If you have a smartphone and are able to take pictures at the scene of the accident, do so. Pictures can provide evidence as to how an accident happened based on vehicle angles, skid marks, and traffic signals. Pictures are also great for documenting damage.
  • Get medical treatment. You should get medical treatment for your injuries as soon as possible, preferably immediately following the crash. Keep a thorough record of all medical data, bills, and prescribed treatments.

 Hire an Experienced South Carolina Car Accident Attorney

Aggressive drivers are a hazard to others on the road, and cause hundreds of accidents every year. If an aggressive driver causes you harm, stand up for your rights by contacting the experienced personal injury attorneys at the Peake & Fowler Law Firm, P.A. A consultation with our team is 100 percent free.  Call our office at (803) 788-4370 or utilize our Online Contact Form.