Being hit by an out-of-state driver in South Carolina can create unique legal challenges. South Carolina law, however, protects your right to recover damages. The at-fault driver’s home location doesn’t matter. You have the same legal protections as in any other car accident. Goings Law Firm, LLC helps Columbia, SC residents handle these claims with confidence.
Why Choose Goings Law Firm, LLC for Your Out-of-State Accident Claim
Handling a claim against an out-of-state driver requires knowledge of South Carolina law. You also need to understand out-of-state insurance companies. Goings Law Firm, LLC has experience helping clients recover compensation in these situations. Our team understands South Carolina’s modified comparative negligence law. We know how to handle the delays and tactics that out-of-state insurers often use.
We’re based right here in Columbia, SC. This means you have local legal representation. We know the courts, the procedures, and the insurance landscape. When you work with our Columbia car accident attorneys, you get an attorney who will pursue your rights. We’ll help you work toward fair compensation. Our results and settlements demonstrate our commitment to recovering maximum damages for our clients.
Understanding South Carolina’s Jurisdiction and Your Rights
Can you pursue a claim against an out-of-state driver? Yes. South Carolina courts have jurisdiction over all car accidents that occur within the state. The at-fault driver’s location doesn’t matter. Their insurance location doesn’t matter either. This means you don’t have to travel to another state to file your lawsuit.
South Carolina follows a modified comparative negligence rule under SC Code Ann. § 15-38-15. This law allows you to recover damages even if you’re partially at fault. You can recover as long as you’re 50% or less at fault. This is a critical distinction from pure comparative negligence states, where any recovery is possible.
Here’s an example: You’re 20% at fault, and the out-of-state driver is 80% at fault. You can still recover 80% of your damages. However, if you’re found to be 51% or more at fault, you cannot recover anything. Understanding how this law applies to your case is important. Our attorneys can help you evaluate your situation and determine your potential recovery. We also handle cases involving rear-end collisions, reckless driving accidents, and other types of auto accidents.
How Out-of-State Insurance Affects Your Claim
Dealing with an out-of-state insurance company adds complexity to your claim. Out-of-state insurers may be unfamiliar with South Carolina law. This can lead to delays, misunderstandings, and disputes over liability and damages. Understanding your insurance claims process is essential.
Different states have different insurance requirements. Some states require higher minimum coverage limits. Some states follow no-fault insurance systems. South Carolina uses a fault-based system. When you file a claim with an out-of-state insurer, they may try to apply their home state’s rules. This could work against you. That’s why having experienced personal injury attorneys on your side matters.
Out-of-state insurance companies sometimes use delay tactics. They request unnecessary documentation, take longer to investigate your claim, and may also dispute liability more aggressively than local insurers. Having Goings Law Firm, LLC on your side makes a real difference. We know how to communicate with out-of-state insurers and push back against unfair tactics. We understand the nuances of stop sign and traffic light accidents and other liability disputes.
If the at-fault driver doesn’t have adequate insurance coverage, your own uninsured or underinsured motorist coverage becomes important. This coverage protects you when the other driver’s insurance isn’t enough. Goings Law Firm, LLC can help you understand your coverage options. We can help you pursue claims through your own insurance if necessary. Learn more about uninsured motorist accidents and your rights.
Steps to Take Immediately After the Accident
The actions you take right after an accident matter. They can impact your claim. Here’s what you should do:
Call the police and request a police report. Get the report number, officer’s name, and badge number. Document the accident scene with photos and video. Photograph vehicle damage, road conditions, and traffic signs. Collect the other driver’s name, address, and phone number. Get their driver’s license number, vehicle information, and insurance details. Get contact information from any witnesses. Seek medical attention even if you don’t feel seriously injured. Some injuries appear hours or days after an accident. Keep detailed records of all medical treatment. Document doctor visits, prescriptions, and physical therapy. Record any time missed from work. These steps are critical for hit-and-run cases as well.
Don’t admit fault or apologize for the accident. These statements can be used against you later. Be polite but brief when speaking with the other driver. Be polite but brief with their insurance company. Let Goings Law Firm, LLC handle communications with the insurance company once you’ve hired us. We’ll protect your rights throughout the process. For detailed guidance, see our comprehensive guide on what to do after a car accident.
Filing Your Claim Against an Out-of-State Driver
After you’ve handled immediate medical needs, gather information at the scene. The next step is to file a claim. You’ll typically start by reporting the accident to your own insurance company. This is true even if the other driver was at fault. Your insurance company will then contact the at-fault driver’s insurer. Understanding how fault is determined in a car accident helps you prepare for this process.
When dealing with an out-of-state insurer, be prepared for a longer timeline. These companies may take additional time to investigate. They may request more documentation than necessary. They may dispute liability. South Carolina’s statute of limitations for personal injury claims is three years under SC Code § 15-3-530(5). This is three years from the date of the accident. You have three years to file a lawsuit if you can’t reach a settlement.
However, don’t wait until the last minute. The sooner you pursue your claim, the fresher the evidence will be. Witness memories will be clearer. If the insurance company refuses to offer fair compensation, Goings Law Firm, LLC can file a lawsuit on your behalf. We’ll handle all the legal proceedings. We’ll represent you in court if necessary. Many cases settle before trial through mediation. We’re prepared to take your case further if needed.
Frequently Asked Questions
Can I sue an out-of-state driver in South Carolina?
Yes, you can sue an out-of-state driver in South Carolina. South Carolina courts have jurisdiction over accidents that occur within the state under SC Code § 15-5-150. You can file your lawsuit in the county where the accident happened. This is typically in Columbia or the surrounding area if your accident occurred in the Columbia region. Our Columbia car accident lawyers handle these cases regularly.
What if the out-of-state driver doesn’t have insurance?
If the at-fault driver doesn’t have insurance, you can pursue a claim through your own uninsured motorist coverage. This coverage protects you when the other driver has no insurance. It also protects you when their insurance is insufficient. Your own insurance company will pay your damages up to your policy limits. Goings Law Firm, LLC can help you file this claim. We’ll work to ensure you receive fair compensation. We also handle uninsured motorist accidents and can explain the difference between uninsured vs. underinsured motorist coverage.
How long do I have to file a claim in South Carolina?
South Carolina’s statute of limitations for personal injury claims is three years. This is three years from the date of the accident. You have three years to file a lawsuit. However, you should start the claims process much sooner. Insurance companies may take months to investigate. They may take months to negotiate. Waiting until the last minute leaves no time to file a lawsuit if negotiations fail. Our personal injury case checklist can help you stay organized throughout the process.
Do I need a South Carolina attorney?
You’re not required to hire an attorney. However, having one can improve your chances of receiving fair compensation. Out-of-state insurance companies often use aggressive tactics. They may try to minimize your claim. A South Carolina attorney knows the state’s laws. We understand how out-of-state insurers operate. We can negotiate effectively on your behalf. Goings Law Firm, LLC has the experience and local knowledge to handle your case. Learn about the benefits of hiring a personal injury lawyer.
What if I’m partially at fault for the accident?
South Carolina’s modified comparative negligence law allows you to recover damages. You can recover even if you’re partially at fault. You can recover as long as you’re 50% or less at fault. This is governed by SC Code Ann. § 15-38-15.
Here’s an example: You’re 30% at fault and the other driver is 70% at fault. You can recover 70% of your damages. The insurance company or court will reduce your compensation by your percentage of fault. Goings Law Firm, LLC will work to address your percentage of fault. We’ll work to maximize your recovery. For more details, see our guide on how comparative negligence impacts your car accident settlement.
Contact Goings Law Firm, LLC Today
Have you been hit by an out-of-state driver in South Carolina? Don’t handle this process alone. Goings Law Firm, LLC is here to help you understand your rights. We’ll help you work toward fair compensation. Call (803) 350-9230 today for a free consultation. Let us handle the insurance company and the legal process. You can focus on your recovery. Visit our contact page to schedule your consultation today.
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