Being in a car accident is challenging enough, but learning that the other driver has no insurance can make an already difficult situation even more frustrating. You might feel overwhelmed by medical bills, repair costs, and the uncertainty of how to move forward with your life.
A trial-proven Beaufort car accident lawyer from Shelly Leeke Law Firm can provide clarity and help you move through the claims process to demand the fair compensation you are entitled to.
With decades of combined trial experience, our legal team understands the challenges that come with uninsured motorist cases. A Beaufort uninsured motorist accident lawyer will guide you through every step of the claims process, from investigating the accident to negotiating with your insurer. Contact our legal team to request a free consultation today, and let us take on the burden of your claim so you can focus on recovering.
Establishing Blame After an Uninsured Motorist Accident
Determining fault is a critical part of pursuing an uninsured motorist claim. It is important to remember that a driver lacking insurance coverage is not automatically at fault for the collision.
South Carolina is a fault-based insurance state, meaning the party responsible for causing the accident is liable for damages, regardless of their insurance status per S.C. Code Ann. § 38-77-140.
Your dedicated Beaufort personal injury lawyer with our firm can thoroughly investigate the crash to identify all liable parties and build the strongest case possible on your behalf.
The Driver Who Hit You
The most common liable party in an uninsured motorist accident is the driver who caused the collision. Negligent driving behaviors frequently lead to serious accidents. Some examples could include:
- Distracted driving, such as texting or using a smartphone
- Driving under the influence of alcohol or drugs
- Failing to obey traffic signals or road signs
- Speeding or reckless driving
- Tailgating or aggressive driving
Government Agencies
In some cases, the city of Beaufort or the South Carolina Department of Transportation (SCDOT) may share liability for a car accident. Poorly maintained roads, inadequate signage, or defective traffic signals can contribute to collisions. When a government agency fails to meet its duty to maintain safe road conditions, it may be held accountable under South Carolina law.
Auto Parts Manufacturers
Defective auto parts can also lead to devastating car accidents. If their products cause a crash, manufacturers, designers, or distributors of faulty vehicle components may be held liable.
Examples could include defective brakes, airbags, or tires that fail to perform as intended. The investigation that your Beaufort uninsured motorist accident lawyer conducts will help determine whether a product defect played a role in your accident.
Types of Evidence that Could Support Your Case
Proving liability in an uninsured motorist accident requires meeting the burden of proof, which is based on a preponderance of the evidence. This standard means that it must be more likely than not that the defendant’s actions caused the accident and resulting damages as described under S.C. Code Ann. § 15-33-135.
Your Beaufort uninsured motorist accident attorney with Shelly Leeke Law Firm will gather and present compelling evidence to support your claim, such as:
- Police reports documenting the accident
- Photographs of the accident scene, vehicles, and injuries
- Eyewitness statements
- Surveillance or dashcam footage
- Medical records detailing your injuries
- Expert testimony, such as accident reconstruction specialists
Collecting and preserving evidence is crucial to the success of your case. Although the burden of proof may not be as high as it is in criminal court, it must still be clear and convincing. We will work tirelessly to ensure we have gathered the compelling evidence we need to win at trial.
What to Expect from the Insurance Company
Uninsured motorist accident claims in South Carolina are handled through your own insurance company if the at-fault driver lacks coverage. Despite the fact that South Carolina is a fault insurance state, your uninsured motorist coverage can step in to pay for damages caused by the uninsured driver according to S.C. Code Ann. § 38-77-150.
Your Beaufort catastrophic injury lawyer with our firm will manage all communications with the insurance company to protect your rights and prevent you from being tricked into accepting a settlement that is less than you deserve.
What Uninsured Motorist Insurance Pays for
Uninsured motorist insurance coverage is designed to cover the damages caused by an uninsured or hit-and-run driver. In South Carolina, this coverage can compensate you for a variety of losses. Some examples of such damages could include:
- Lost wages and reduced earning potential
- Medical expenses, such as hospital bills and rehabilitation costs
- Pain and suffering caused by the accident
Common Insurance Company Tactics
Insurance companies often prioritize protecting their bottom line over fairly compensating accident victims. They may go to great lengths to reduce settlements or deny claims entirely. Some common tactics include:
- Delaying the claims process to pressure you into settling
- Demanding excessive or unnecessary documentation
- Disputing liability or blaming you for the accident
- Offering a lowball settlement that does not cover your damages in full
- Using recorded statements against the claimant
Your experienced uninsured motorist accident attorney in Beaufort will anticipate these tactics. With decades of combined experience negotiating with insurance companies and representing clients in civil court, our firm will be ready to challenge the insurer if they are handling your claim in bad faith. We will do everything in our power to get the most out of your claim.
Speak with a Trial-Tested Uninsured Motorist Accident Lawyer in Beaufort
The trauma of your injuries can be all-consuming, but our team can help you through these difficult times. Our compassionate and highly experienced legal team at Shelly Leeke Law Firm will work diligently to protect your rights, investigate the accident, and fight for maximum compensation. With years of trial experience, we know how to take on even the most challenging cases.
Do not let your financial uncertainties add to your stress. Contact a leading uninsured motorist accident lawyer in Beaufort from Shelly Leeke Law Firm today to schedule your no-cost, risk-free consultation. With our firm on your side, you can spend more of your time recovering from your injuries and rebuilding your life.
