Car accidents can be life-altering injuries, financial strain, and even legal confusion. Unfortunately, several victims are discouraged from getting what they deserve simply because of car accident claims in Myrtle Beach. Whether a resident, a tourist, or an injury victim, this information may help steer your decision-making on these claims.
In this blog, we will be debunking five common car accident claims myths in Myrtle Beach, South Carolina, providing factual insights and guidance throughout the process.
Myth 1: If I’m Partially at Fault, I Can’t Receive Compensation
The Truth: South Carolina Follows Comparative Negligence
Many victims of accidents in Myrtle Beach incorrectly believe that if they are somehow at fault for a car accident, they cannot recover any form of compensation. This is not true, however, in South Carolina.
The state follows a modified comparative negligence system, allowing you to seek damages if you’re less than 51% at fault. If you’re unsure how this applies to your case, a car accident lawyer in myrtle beach can help you understand your rights and maximize your compensation. An experienced lawyer can also help you navigate the complexities of your case for the best possible outcome.
How Does Comparative Negligence Work?
- If you are 20% responsible, you’ll lose compensation up to that same 20%.
- If you’re 50 percent or less liable, you’re allowed to still collect damages but the pay that you can recover will lessen due to the degree of fault in yourself.
- You will not collect anything if you’re 51% or more at fault.
Example: Suppose your total damages are $100,000 but you contributed 30 percent. You’d be able to collect $70,000 as damages. Such a rule promotes access to remedy even for contributors, while contributors in the large majority are denied.
Key Takeaway: Even though you share your part in creating the disaster, it doesn’t mean you shouldn’t get compensation either. Get hold of the best attorney for personal injuries in Myrtle Beach to help you out with your case.
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Myth 2: I Don’t Need a Lawyer; I Can Handle the Claim Myself
The Truth: Legal Representation Can Maximize Compensation
Most of the accident victims believe that they can settle their claims alone without legal aid, thinking that the insurance company will offer a reasonable settlement. In most cases, this does not happen. Insurance adjusters are highly trained in minimizing payouts. They may resort to tactics like:
How a Lawyer Helps Your Case:
- Investigates the accident – Gathers police reports, witness statements, medical records, and testimony.
- Determines liability – Reviews evidence to establish fault based on South Carolina’s negligence laws.
- Handles insurance negotiations – Ensures you don’t accept a lowball settlement and fights for maximum compensation.
- Takes your case to court – If negotiations fail, an attorney can represent you in trial to secure fair damages.
Statistic: Studies show that individuals who hire a Myrtle Beach personal injury lawyer receive 3.5 times more compensation than those who handle claims on their own.
Key Takeaway: Legal representation will increase your chances of getting a fair settlement. Consulting a personal injury lawyer in Myrtle Beach is often the best decision.
Myth 3: My Insurance Will Automatically Cover All Damages
The Truth: Insurance Companies Minimize Payouts
Most drivers think that the insurance company works for them, meaning it would take care of their medical expenses, lost wages, and other damages in case they get into accidents. But little do most of them know that the insurance company is a business venture; its only motive is to lower payouts to sustain the profit line.
Some common techniques used by the insurers to either reduce or decline claims:
- Disputing Liability – They may argue you were at fault or partially responsible for reducing their payout.
- Downplaying Injuries – Adjusters often claim that your injuries are minor or pre-existing, reducing compensation for medical treatment.
- Delaying Claims – Some insurers drag out the process, hoping you’ll accept a lower settlement out of frustration.
- Offering Low Settlements – Initial settlement offers are usually way below what victims deserve, without taking into account future medical costs, lost earnings, and pain and suffering.
Insurance Company vs Reality
| Expectation | Reality |
| Insurance will fully cover my medical expenses. | They may only cover a portion and dispute long-term care needs. |
| Insurance will quickly pay my claim. | Many claims take weeks or months to resolve. |
| I don’t need to negotiate. | Insurance companies often offer lowball settlements first. |
| My own insurance company is on my side. | Even your insurer prioritizes minimizing payouts. |
Key Takeaway: Never assume that your insurance will automatically cover everything. A personal injury attorney can help you negotiate a fair settlement.
Myth 4: I Have Plenty of Time to File a Claim
The Truth: South Carolina Has a Strict Statute of Limitations
The biggest mistake that accident victims make today is waiting too long to file a claim, assuming they have unlimited time. South Carolina law, however, imposes strict deadlines, also known as the statute of limitations, determining how long you have to take legal action.
Deadlines for Filing a Car Accident Claim in South Carolina:
- Personal Injury Claims: The case should be reported within 3 years from the date of the accident.
- Property Damage Claims: Vehicle repair, for instance, or other property damages shall have the case made within 3 years from the date of the accident.
- Wrongful Death Claims: In case of death is the outcome of the accident, then the family of the victim should file a wrongful death suit within 3 years from the date of his death.
What Happens If You Miss the Deadline?
When your claim comes in late, it is highly likely to be dismissed. At this point, you shall have lost any hope of retrieving your compensation.
Key Takeaway: Do not waste time when bringing your case before the court. Seek help from a professional auto accident attorney at Myrtle Beach to avoid losing an important deadline in your law case.
Myth 5: Minor Accidents Aren’t Worth Claiming
The Truth: Minor Accidents Can Lead to Major Expenses
Most drivers don’t mind reporting a minor fender bender and claiming on it. An auto accident at low speeds can create many financial and medical impacts that will not be realized at first.
Why Even Minor Accidents Shouldn’t Be Ignored:
- Hidden Injuries – Whiplash, concussion, or soft tissue injuries can appear days or even weeks later. This could cost a fortune in medical care.
- Delayed Medical Bills – A small discomfort at first may eventually develop into chronic pain that would need extensive medical care.
- Vehicle Repair Costs – A small dent or bumper damage may cost hundreds of dollars, but it may go up to thousands of dollars in repairs.
- Insurance Disputes – Failure to report an accident can make it more difficult to prove fault later if you decide to pursue compensation.
Example: You might be feeling okay the day of the accident, but you would wake up a couple of days later with back pain or a headache. The insurance company might refuse to pay for the treatment if the medical record is not documented.
Key Takeaway: Always report an accident and go to the doctor, even if the injuries are minor. The symptoms can arise later, causing serious medical conditions.
Protect Your Rights After a Car Accident
Car accident claims in Myrtle Beach can be complex, and misconceptions often prevent victims from seeking the compensation they deserve. By debunking these five myths, we’ve highlighted the importance of understanding South Carolina’s car accident laws, insurance practices, and legal deadlines.
If you’ve been injured in an accident—whether it was a minor fender bender or a serious collision—it’s crucial to act quickly, document everything, and seek professional guidance. Insurance companies prioritize their profits, not your well-being, which is why having a Myrtle Beach personal injury lawyer on your side can make a significant difference in the outcome of your claim.
FAQs
Can I still file a claim if I was partially at fault for the accident?
Yes. South Carolina follows comparative negligence laws, meaning you can still recover damages if you are less than 51% at fault. However, your compensation will be reduced based on your percentage of fault.
Is it necessary to hire a lawyer for a car accident claim in Myrtle Beach?
While not mandatory, hiring a Myrtle Beach personal injury lawyer can help you navigate insurance disputes, gather evidence, and maximize your settlement. Insurance companies often offer higher payouts to claimants with legal representation.
What should I do immediately after a minor car accident?
- Check for injuries and seek medical attention.
- Call 911 to report the accident.
- Document the scene (photos, witness statements).
- Exchange information with the other driver.
- Consult a personal injury lawyer before speaking with insurance adjusters.
