Pedestrian accidents often leave victims with severe injuries and long recovery times. In South Carolina, insurance companies play a central role in determining whether and how much compensation is paid. While insurers are responsible for handling claims, their primary goal is to protect their bottom line, not yours. Knowing how they approach these cases and what steps you can take to protect yourself can make all the difference.
How Insurance Companies Evaluate a Pedestrian Accident Claim
When a pedestrian accident claim is reported, the insurance company starts gathering information right away. Their process often includes:
- Reviewing the accident report: They look for official details from law enforcement, including fault determinations and any citations issued.
- Collecting statements: Adjusters may contact you, the driver, and any witnesses to get statements, and they may use these to limit or challenge your claim.
- Examining medical records: They will request your medical documentation to confirm your injuries and look for any pre-existing conditions they can point to as an alternate cause.
- Inspecting available evidence: Photos, videos, and even social media posts can be reviewed for any detail that they believe reduces their responsibility.
From the start, adjusters are looking for ways to lower the amount they pay. That’s why it’s important to be careful about what you say and provide.
Factors That Affect a Settlement Offer
Several factors influence how much an insurer offers in a pedestrian accident case:
- Fault determination: South Carolina follows a modified comparative negligence rule. If you are found more than 50% at fault, you cannot recover damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
- Severity of injuries: More serious injuries typically result in higher claims, but insurers may question whether all treatment was necessary or related to the accident.
- Insurance coverage limits: The at-fault driver’s policy limits set a ceiling for what their insurer will pay, though other sources of coverage may be available.
- Economic and non-economic damages: Lost wages, medical bills, and pain and suffering are all considered; however, insurers may undervalue the emotional and physical toll.
Tactics Insurance Companies May Use to Reduce Your Claim
Insurance companies are skilled at finding ways to minimize payouts. Common strategies include:
- Quick settlement offers: They may offer money right away before you know the full extent of your injuries, hoping you’ll accept less than you deserve.
- Delaying the process: Adjusters may slow down communications to pressure you into settling out of frustration.
- Disputing fault: They may try to shift blame onto you, even in clear-cut situations, to reduce or deny payment.
- Questioning medical care: They might argue that treatment was unnecessary or unrelated to the accident.
Being aware of these tactics is the first step toward avoiding them.
Steps You Can Take to Protect Your Rights
If you’ve been involved in a pedestrian accident, you can take practical steps to protect yourself when dealing with an insurance company:
- Seek medical attention immediately and follow through with recommended care, even if you feel okay at first. Some injuries take time to show symptoms.
- Document everything, including photos of the scene, your injuries, and any property damage.
- Limit your statements to the insurer. Stick to basic facts and avoid speculation about fault or your injuries.
- Keep all records, including medical bills, correspondence, and receipts for accident-related expenses.
- Consider speaking with an attorney before signing anything or accepting a settlement.
Why Legal Guidance Matters
Handling an insurance claim alone can be overwhelming, especially when you are recovering from serious injuries. Insurers have teams of adjusters and attorneys protecting their interests. Having someone on your side who understands how these companies operate can help you level the playing field and pursue the full compensation you deserve.
FAQ: Pedestrian Accident Claims in South Carolina
How long do I have to file a pedestrian accident claim in South Carolina?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit.
What if the driver who hit me is uninsured?
You may be able to file a claim under your own uninsured motorist (UM) coverage. This is included in most South Carolina auto insurance policies.
Can I still recover compensation if I was partly at fault?
Yes, as long as you are less than 51% at fault under South Carolina’s modified comparative negligence rule. Your award will be reduced by your percentage of fault.
Should I talk to the insurance adjuster before hiring an attorney?
It’s best to speak with an attorney first. Insurance adjusters are trained to protect their company’s interests and may use your statements to reduce your payout.
Protecting Your Future After a Pedestrian Accident
If you or someone you love has been injured in a pedestrian accident in South Carolina, Willcox, Buyck & Williams, P.A. is here to help. Our team will stand up to the insurance companies and fight for the compensation you deserve. Contact us today to schedule a consultation and learn more about your legal options.
