Who Pays for My Injury?

Does my insurance pay for the damages or the other driver?

The question of, "Who pays for my injury?" is one that is asked by most people who have been involved in an automobile accident. There is no straightforward answer to this question, because it depends on the individual situation and many elements involved in the situation. The answer depends on the following factors:

  • Who is legally at fault for the accident?
  • How much are the medical bills?
  • How much liability insurance do they have?
  • Did I purchase my own insurance to help?
  • Do I have personal injury protection on my policy?
  • Do I have medical payment coverage on my policy?

The individual who is at fault does not always have to be the driver who received the ticket. The at-fault party is the one that liability can be assessed against in later legal proceedings. If the accident was your fault, then the other driver's insurance will not be involved in your claim. The amount of damages you can be compensated for will have a significant part in what insurance policies may be implicated in the case. The other driver's insurance company is only responsible up to the limits of the liability coverage purchased for that vehicle. In South Carolina this could be as little as $25,000 which means it is helpful to have purchased your own insurance to help.

Your Personal Auto Insurance in Columbia, SC

When you purchase automobile insurance your agent is required under South Carolina law to offer you uninsured and underinsured insurance coverage up to the limits of the liability insurance you purchase. Uninsured insurance covers your damages in the event that the other driver did not have any car insurance, when they are at fault. Underinsured insurance covers your damages in the event that the other driver - when they are at fault - does not have enough car insurance to pay your damages.

If you purchased personal injury protection (PIP) or medical payment coverage from your own insurance company it will pay for your medical expenses regardless of whose fault the accident was. Even better, if the other driver was at fault and their liability insurance also pays your medical expenses you get to keep the money. In cases where the accident was your fault, and you do not have adequate coverage, then there will not be any coverage available for you beyond your own personal health insurance.

To discuss your automobile accident claim with our Columbia injury attorney James Snell, please contact our Columbia injury attorney!

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