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The short answer: Yes, you can often still file a claim after a single-vehicle accident, even when no other car was involved. A road defect, a mechanical failure, a defective auto part, or another driver who ran you off the road without making contact can all shift fault away from you. Your own collision, medical payments, or uninsured motorist coverage may also apply. In South Carolina, you generally have three years to file, and your share of fault can reduce your compensation.
One second you’re driving a familiar Charleston road, and the next you’ve hit a guardrail, clipped a tree, or slid into a ditch with no other car in sight. It’s easy to assume the crash was entirely your fault and that you’re on your own. That isn’t always true. Here’s what you need to know about your options.
In this article, Charleston car accident lawyers discuss:
– Whether you can file a claim with no other vehicle involved.
– When someone else may be at fault for a single-car accident.
– How South Carolina’s fault rule affects your claim.
– Whether a single-car accident raises your insurance.
– What to do after a single-car accident.
Can You File A Claim After A Single-vehicle Accident?
Yes, a single-car accident insurance claim is often possible, and more than one type of coverage may apply. If you carry collision coverage, it can pay to repair your car, no matter who was at fault. Medical payments coverage can help with your treatment, and uninsured motorist coverage may apply if another driver caused the crash but never stopped. If you were a passenger, you may also have a claim against the driver’s liability insurance. What matters is whether someone else’s carelessness played a part in the crash.
When Is Someone Else At Fault For A Single-car Accident?
Someone else may be at fault whenever a person or company outside your vehicle contributed to the crash. A single-car accident fault isn’t automatic just because you were the only driver on the road.
Road defects and poor maintenance
A dangerous road can cause a crash on its own. Deep potholes, hidden or missing signs, standing water, dropped shoulders, and poorly designed intersections can all send a careful driver off the road. When the agency or contractor responsible for maintaining that road ignores a known hazard, they may share the blame. Claims involving a government entity follow their own rules and deadlines, so it’s important to act quickly.
Mechanical failure or defective parts
When your brakes fail, a tire suddenly blows out, or your steering locks up, the crash may not be your fault at all. A defective part can point to the manufacturer, and faulty repair work can point to the shop that serviced your car. Keeping your vehicle and the failed parts matters because they may be the evidence that proves what went wrong.
Another driver who forced you off the road
You don’t have to be hit to have a claim. Drivers are run off the road every day by someone who drifts into their lane, cuts them off, or swerves at them without ever making contact. Your uninsured motorist coverage may cover these “phantom driver” crashes.
How Does South Carolina’s Fault Rule Affect Your Claim?
South Carolina follows a modified comparative negligence rule, so you can still recover damages as long as you weren’t more at fault than the other party. However, your award is reduced in proportion to your share of fault. If you were 20% at fault on a $100K claim, you could still recover $80K. A sudden, unforeseeable medical emergency can also affect whether you’re considered at fault for losing control. Insurance companies know these rules and often try to pin extra blame on you to pay less. Don’t let an adjuster decide your case. Call 843-636-8739 for a free consultation.
Does A Single-car Accident Raise Your Insurance?
A single-car accident can raise your insurance, but not always, and it depends heavily on who was truly at fault. If a road defect, a defective part, or a phantom driver caused the crash, that fact can change the fault picture and help protect your rates. Filing a collision or uninsured motorist claim you’re entitled to is not the same as being found at fault. This is one more reason to document everything and avoid simply accepting blame at the scene.
What To Do After A Single-car Accident
After a single-car accident, focus first on safety, then on protecting your health and your claim. A few steps at the scene can make all the difference later.
– Call 911 and report the crash, even with no other car involved.
– Receive medical attention right away, since concussions and other injuries often show up later.
– Photograph the road, your vehicle, skid marks, and any hazard that contributed.
– Obtain the names and contact information of any witnesses.
– Save the damaged parts and keep all repair records.
– Don’t guess about or admit fault when talking to the insurance company.
Frequently Asked Questions About Single-vehicle Accident Claims
How long do I have to file a claim in South Carolina?
You generally have three years from the date of the accident to file a personal injury lawsuit under S.C. Code Ann. § 15-3-530, which sets a three-year limit for an action for any injury to the person. Claims involving a government agency may follow different rules and deadlines, so it’s best to act quickly. Talking with an attorney early helps protect your rights.
What if I were partly at fault for the crash?
You can still recover as long as you weren’t more at fault than the other responsible party. Your share of the fault reduces your compensation. That’s why how fault is assigned is so important to your claim.
How much does it cost to hire Trey Harrell?
Your consultation is free, and there’s no fee unless Trey recovers compensation on your behalf. You can receive honest answers about your situation with no financial risk.
Talk To Trey Harrell About Your Single-vehicle Accident
A single-vehicle accident doesn’t automatically mean you’re out of options. The real question is what caused it, and answering that takes a careful look at the road, your vehicle, and everyone who may share responsibility. As a third-generation Charlestonian and a father, Trey Harrell understands how one crash can upend your family’s life, and he’ll walk you through each step.
Call 843-636-8739 for a free consultation. Remember, Trey helps. Trey Harrell’s Charleston office is located at 2000 Sam Rittenberg Boulevard, Suite 2002, Charleston, SC 29407.