Generally, the details of car accident settlements are typically not considered public records in South Carolina. However, there are exceptions.
Car accidents can be a traumatic experience for everyone involved, especially if injuries are sustained. After a car accident in South Carolina, you may wonder what happens to the details of any settlement you receive. In this FAQ, we will answer some common questions about car accident settlements and public records in South Carolina.
What Information About Car Accident Settlements Is Considered Public Record in South Carolina?
In South Carolina, only court records are considered public records. This means that any information about a car accident settlement that is included in a court record would be considered public. For example, if a lawsuit is filed due to the accident, any settlement agreement or judgment entered by the court would be a matter of public record.
Court records are generally considered public records in South Carolina, meaning they are available for anyone to view or obtain copies of. However, certain records may be sealed or restricted from public access, such as those involving juveniles or cases that are under seal by court order.
Can I Keep the Details of My Car Accident Settlement Private?
Yes, you can generally keep the details of your car accident settlement private. However, if you file a lawsuit due to the accident, any settlement agreement or judgment entered by the court would be a matter of public record. It’s also worth noting that if the settlement involves a significant amount of money, it may become the subject of media attention and become more difficult to keep private.
Can Insurance Companies Access Information About Car Accident Settlements?
Insurance companies are generally entitled to access information about car accident settlements, including any settlements that are not a matter of public record. Insurance companies may need to know about settlements to assess risk and determine insurance rates.
The Role of a Police Report in a Car Accident Settlement in South Carolina
A police report can be important evidence in a car accident settlement in South Carolina. The report can help establish who was at fault for the accident and provide other important details about the accident that can be used in settlement negotiations or court.
What to Do if You’ve Been in a Car Accident in South Carolina
If you’ve been in a car accident in South Carolina, you should seek medical attention immediately, even if you don’t think you’ve been seriously injured. You should also report the accident to the police and exchange contact and insurance information with the other driver. It’s important
South Carolina is a “fault” state, which means that the driver determined to be at fault for the accident is responsible for any resulting damages. In some cases, faults may be shared among multiple drivers.
Does South Carolina Have a No-Fault Car Insurance System?
No, South Carolina does not have a no-fault car insurance system. Instead, it follows a fault-based system where the at-fault driver pays for the other driver’s injuries and damages.
Damages You Can Recover in a Car Accident Settlement in South Carolina
In South Carolina, you can recover damages for medical expenses, lost wages, property damage, and pain and suffering. However, the number of damages you can recover will depend on the specific circumstances of your case.
You can recover no maximum amount of damages in a car accident settlement in South Carolina. However, the number of damages you can recover will depend on the specific circumstances of your case and the damages you have suffered due to the accident.
Recovering Damages for Emotional Distress After a South Carolina Car Accident
Yes, in some cases, you may be able to recover damages for emotional distress in a car accident settlement in South Carolina. This would be in addition to damages for physical injuries and other economic losses.
You can also still receive a car accident settlement in South Carolina if you were partially at fault for the accident. However, your damages may be reduced by the percentage of fault assigned to you.
The “Eggshell Skull” Rule in South Carolina
The “eggshell skull” rule is a legal principle in South Carolina that states that a defendant is responsible for all damages caused by their negligent conduct, even if the plaintiff had a pre-existing condition or vulnerability that made their injuries more severe.
Can I File a Lawsuit if My Car Accident Settlement Cannot Cover My Damages?
Yes, if your car accident settlement is not enough to cover your damages, you may be able to file a lawsuit to recover additional damages. However, it is important to consider a lawsuit’s potential costs and risks before pursuing this option.
What to Do if the Insurance Company Denies Your Claim
If the insurance company denies your claim, you may need to file a lawsuit to recover damages. It is important to consult with an attorney before taking this step to ensure you have a strong case and understand the potential costs and risks involved. Contact Shelly Leeke Law Firm today for more help.
