If you have been badly hurt in a car crash, you are probably feeling a rush of emotions: anxiety, loss, pain, anger, and more. Contact our Rock Hill car accident lawyers at McKinney, Tucker & Lemel LLC today!
The most important thing for you to know right now is that you are not alone. Others have gone through this and survived, and so will you.
Rock Hill Car Accident Lawyer
You also need to know that you do not have to – and should not – face the aftermath of a serious car accident alone. The experienced car accident attorneys of the law firm of McKinney, Tucker & Lemel LLC in Rock Hill, South Carolina, are here to help motor vehicle accident victims like you seek the compensation they deserve.
Contact our Rock Hill auto collision attorneys today for the assessment of your case. Let us stand up to the insurance company and work to ensure that justice is served for you.
You can take steps at the accident scene and shortly after you leave the scene that will protect your health and help your potential legal claim. At the scene, you should make sure to call the police, exchange names and insurance information with the other driver(s), take photos of the vehicles and surrounding area, and get the names and contact information of witnesses. After you leave the crash scene, you should get medical attention as soon as possible, notify your insurer about the accident and get legal help right away.
You don’t need to have a copy of the police accident report to pursue an injury claim. However, if you do have a copy, it will help your lawyer to launch an immediate investigation of the crash and start the pursuit of compensation for you. Typically, you can order a copy of the report within a few days after the crash. You can go directly to the law enforcement agency such as the Rock Hill Police Department or Fort Mill Police Department, or you can fill out an FR-50 form and get a copy through the S.C. Department of Motor Vehicles (DMV). You should expect to pay a small fee for the copy.
The short answer is, “No.” The other driver’s insurance company will not be on your side after a crash. The company will instead look for ways to pay you as little as possible for your losses or to avoid paying you altogether. So, you should never give a statement to the insurance company until you talk with a lawyer. Additionally, you should not accept a settlement offer or sign a release until an attorney reviews your case.
If another driver caused your wreck, then the driver’s property damage liability insurance should cover the cost of your car repairs and pay for any diminishment in your car’s value. If the insurer deems your car to be a “total loss,” the insurer should pay you the “fair market value” of your car. You may also be able to turn to your own insurance. For instance, you may carry collision coverage that will pay for the repair or replacement of your vehicle, regardless of who was at fault. An attorney from McKinney, Tucker & Lemel LLC can help with your property damage claim as we work on your case. We know how transportation will be a major concern for you.
Several factors contribute to how long it takes to reach a settlement in a car accident case, including the length of the investigation and the assessment of your injuries. If the other driver’s insurance company accepts liability and agrees to pay the damages that our law firm demands on your behalf, it should not take too long to settle your claim. However, if the insurer contests liability and/or damages, it could prolong negotiations and may make it necessary to go to trial. Our law firm will advise you of any settlement offers and pursue a timely settlement that meets your goals.
The other driver often is not the only one who should be held responsible for a vehicle accident. For instance, if the driver was working at the time of the crash, the driver’s employer may be held liable, too. You could also potentially sue a bar, store, restaurant or social host who gave alcohol to a drunk driver who caused your crash. At McKinney, Tucker & Lemel LLC, we will work hard to identify all sources of compensation that are available to you.
Under South Carolina law, you can still recover damages in a Rock Hill automobile accident claim even if you were partly to blame for the wreck. However, your damages would be reduced in proportion to your degree of fault. For instance, if you were 40 percent at fault, your damages would be reduced by 40 percent. You would be barred from a recovery only if your fault exceeds the fault of the other party or parties involved in your case.
If you get into a distracted car accident, you typically file a claim through the at-fault driver’s auto insurance liability coverage. Unfortunately, many drivers in South Carolina do not carry insurance. In fact, the Insurance Information Institute estimates that 9.4 percent of the drivers on our roads are uninsured. If an uninsured driver hurts you in a crash, you should be able to file a claim through your own uninsured motorist (UM) coverage.
If you have underinsured motorist (UIM) coverage, then you should be able to file a claim with your own insurance company. UIM typically covers the difference between what the other driver’s liability insurance covers and your total damages – up to your policy’s limits. Even though South Carolina does not require you to carry UIM, you should purchase this coverage. Medical bills quickly add up after a wreck. You will be glad that you have the protection that UIM provides.
The amount that you recover in a motor vehicle accident claim will depend on two main factors: The extent of your damages and the amount of available insurance coverage. At McKinney, Tucker & Lemel LLC, our goal will be to identify all available coverage and recover the maximum amount for you. The damages we seek for you may include compensation for your past and future medical expenses, lost income, diminishment of your future earning ability, pain and suffering and emotional distress. We may also seek punitive damages, which serve to punish a defendant for egregious misconduct.
The auto accident attorneys in Rock Hill, SC of McKinney, Tucker & Lemel LLC don’t want you to worry about paying upfront for a lawyer. We will represent you on a contingency fee basis. You will pay nothing for our legal services unless we recover compensation for you. If a Rock Hill car accident lawyer from our law firm secures a settlement or judgment on your behalf, our fees will represent a percentage of your recovery.
You and the Insurance Company After a Car Collision
People who have been injured in car crashes frequently find that the help they expected to count on from their insurance agency is little help at all. Instead of assistance, they get delays, denials, and insulting settlement offers.
This is because insurance firms are for-profit organizations. Making a settlement payout to you cuts into their bottom line.
After an automobile collision, the responsible party’s insurer should pay you a fair settlement for all your losses. But they know that the more they pay you, the bigger the hit to their profit margins.
At McKinney, Tucker & Lemel LLC Rock Hill car accident attorneys, our lawyers have worked as insurance defense attorneys and have seen insurance companies up close. We know how they operate, and the lengths they will go to minimize a legitimate car crash injury claim. We don’t want to see it happen to you.
We urge you: DO NOT accept or sign anything offered to you by an insurance company after an accident until you have discussed it with an established personal injury attorney who focuses on South Carolina car accidents.
If you have a car accident settlement offer from an insurance company, contact McKinney, Tucker & Lemel LLC to have it reviewed and assessed today. We are also ready to help if the insurance company is disputing liability or refuses to make an offer. If you haven’t yet filed an insurance claim, we can help you right from the start.