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The short answer: If you were injured as a passenger in a car accident, you are almost certainly not at fault, and you have the right to pursue compensation from whoever caused the crash. That could mean a claim against your own driver’s insurance, the other driver’s insurance, or both, plus uninsured or underinsured motorist coverage when a policy falls short. In South Carolina, you generally have three years from the date of the crash to file.
In this article, our Charleston car accident lawyer covers:
– Whether a passenger can be at fault for a crash
– Whose insurance pays for a passenger’s injuries
– What to do when a friend or family member was driving
– How to file a claim as an injured passenger
– How long you have to file in South Carolina
Are You Ever At Fault As An Injured Passenger?
Almost never. As a passenger, you weren’t behind the wheel, so you didn’t cause the collision, which means fault and responsibility for payment fall on the drivers involved. That puts injured passengers in one of the strongest positions to recover after a crash.
South Carolina follows a modified comparative negligence rule, so as long as you’re less than 51% at fault, you can still recover, and your compensation is reduced by your share of the blame. For passengers, that share is almost always zero. Rare exceptions might involve something such as grabbing the wheel, but for nearly every injured passenger, fault simply isn’t a concern.
Whose Insurance Pays When You’re Injured As A Passenger?
The at-fault driver’s liability insurance pays for your injuries, and liability is determined by who caused the crash. South Carolina is an at-fault state, not a no-fault state, so the responsible driver and their insurer are on the hook. As a passenger, you may have a claim against more than one policy.
Your driver, the other driver, or both
If the driver of the car you were in caused the crash, you can file a claim against their liability coverage. If another driver caused it, you file against theirs. And if both drivers share the blame, you may be able to claim against both policies, which can increase the compensation available to you.
Uninsured and underinsured motorist coverage
When the at-fault driver has no insurance or not enough to cover your injuries, uninsured motorist (UM) and underinsured motorist (UIM) coverage can step in. It might come from the vehicle you were riding in or, in some cases, from your own auto policy, even though you weren’t in your own car. Sorting out which policies apply is one of the trickiest parts of a passenger claim, and it’s exactly what Trey helps clients untangle.
Not sure which policies cover your injuries? Remember, Trey helps. Call 843-636-8739 for a free consultation.
What If A Friend Or Family Member Was Driving?
You can still file a claim, and doing so usually won’t cost your loved one a dime out of pocket. That concern is completely understandable. Nobody wants to feel like they’re “suing” a friend, a spouse, or a parent.
Here’s the reality: your claim is against the insurance policy, not the person. That protection is exactly what the coverage was bought for. Using it doesn’t mean you’re blaming anyone personally, and in most cases, the insurer pays while your relationship stays intact. Trey guides clients through these awkward situations with patience and care.
How Do You File A Claim As An Injured Passenger?
Receive medical care, document everything, and let an attorney deal with the insurance companies. In practice, that means:
– See a doctor right away, even if you feel fine. Some injuries take days to show up.
– Obtain a copy of the police report, and collect contact details for every driver and witness.
– Keep your medical records, bills, and proof of any missed work.
– Talk to Trey before giving a recorded statement or accepting a settlement offer.
Adjusters may sound friendly, but their job is to pay as little as possible. With several policies and adjusters often involved in a passenger claim, having someone who knows their playbook in your corner makes a real difference.
How Long Do You Have To File In South Carolina?
You generally have three years from the date of the accident to file a personal injury claim in South Carolina under S.C. Code Ann. § 15-3-530. Waiting can hurt your case, though, because evidence disappears and memories fade. Some claims, such as those involving a minor or a government vehicle, follow different deadlines, so talk with an attorney as soon as you can. Don’t wait until your time runs out. Call Trey 843-636-8739 today.
Frequently Asked Questions About Being Injured As A Passenger
What if I don’t know which driver was at fault?
You don’t have to figure that out yourself. Trey investigates the crash, reviews the police report and evidence, and identifies every insurance policy that may cover your injuries.
What if I were riding with an uninsured driver?
You may still have options through uninsured motorist coverage, which can come from the vehicle you were in or, in some cases, your own policy. Because every situation is different, a free consultation is the best way to see what applies.
Do I really need a lawyer if I was just a passenger?
It’s a good idea, especially when more than one insurer is involved. Passengers often get caught between drivers and insurers pointing fingers at each other, and Trey makes sure your injuries don’t get lost in the middle.
Talk To A Charleston Attorney Who Helps Injured Passengers
Being hurt as a passenger wasn’t your fault, and receiving the compensation you need to heal shouldn’t fall solely on your shoulders. As a third-generation Charlestonian and former federal prosecutor, Trey Harrell brings deep local roots and real courtroom experience to every case, and he’s not afraid to take a claim to trial when that’s what it takes. Our legal team serves Charleston, Summerville, Greenville, and the surrounding areas of South Carolina.
Injured as a passenger in a South Carolina car accident? Remember, Trey helps. Contact us at 843-636-8739 for a free consultation.