How much to expect from a car accident settlement in SC depends on several factors, including the strength of the case and insurance policies that can pay compensation.
The payment amount is specific to the circumstances—there is no standard amount.
Typically, car accident settlements in SC reflect economic losses plus non-economic damages of one to five times the amount of economic loss. Let an experienced Greenville car accident lawyer assess your case and determine how much your damages are worth.
Car Accident Insurance Settlements in SC—What To Expect
There is no one-size-fits-all amount awarded for a car accident. Some people may be awarded $1,000 for a car accident, while others may be awarded $1 million. Several factors may make your case above or below the average.
South Carolina car insurance minimums
South Carolina requires vehicle owners to purchase car insurance. Each driver must have at least:
- $25,000 per person, bodily injury liability (pays if you are at fault for an accident, and someone else is physically hurt
- $50,000 total per accident bodily injury liability
- $25,000 property damage (if you are at fault, and someone’s vehicle or personal property is damaged).
- Uninsured coverage – pays if someone else is at fault, and they are not insured.
These are minimum amounts; A driver may purchase higher coverage amounts.
Uninsured & underinsured
Uninsured coverage is mandatory in South Carolina, but underinsured coverage is optional. The insurance company must offer underinsured coverage up to the insured’s liability limit. Uninsured and underinsured policies provide coverage when the at-fault driver has insufficient coverage.
How it works – an example
For example, say you have $100,000 in damages from an accident.
| The at fault driver has | You have | Total coverage is |
| No insurance | Uninsured coverage, minimum amount | $25,000, subject to a $200 deductible |
| No insurance | Uninsured coverage, $100,000 | $100,000, subject to a $200 deductible |
| Minimum coverage, $25,000 bodily injury liability | No underinsured coverage | $25,000 |
| Minimum coverage, $25,000 bodily injury liability | Underinsured coverage of $25,000 | $25,000 from the at fault driver + $25,000 from
underinsured coverage, for $50,000 total |
| Liability limits of $100,000 per person | n/a | $100,000 from the at-fault driver’s policy |
| Minimum coverage, $25,000 bodily injury liability | Underinsured coverage of $75,000 or more | $25,000 from the at fault driver + $75,000 from your underinsured coverage, for full compensation |
Uninsured and underinsured coverage can be critical to getting fully compensated in a car accident settlement.
South Carolina drivers should always purchase underinsured motorist coverage. Typical car accident settlement amounts often exceed minimum insurance requirements. Higher coverage limits and underinsured coverage can allow you to receive the appropriate car accident settlement amount.
What Factors Influence the Value of a Car Accident Settlement?
Economic losses
The center of every car accident settlement amount in SC is how much the person has lost. Economic losses are direct financial losses. Medical bills, lost income, and property damage are a few examples. Generally, economic losses, including projected future damages, may be totaled in full as part of a settlement. However, there may be additional factors that impact the total award.
Non-economic losses
Non-economic damages reflect the impact of the accident on the person’s life. For example, physical pain is a loss that can’t be directly measured with a calculator.
Emotional anguish, lifestyle disruption, harm to reputation, scars, mobility limitations, and mental injury are other noneconomic losses.
Typically, non-economic damages are awarded proportionally to economic losses, anywhere from one to five times the amount of economic loss. The greater the suffering, the larger multiplier is used to determine the value of the car accident settlement.
The strength of the case
Questions about the strength of the case may impact the appropriate settlement. For example, there may be questions about whether the other party’s negligence caused the accident. There can also be questions about damages. If the other side thinks they might win if they go to trial, that will impact the amount they will be willing to offer in a settlement. Building a strong case can help maximize your settlement.
Comparative negligence
SC car accident settlements use a system of modified comparative fault. If the person claiming compensation has some fault, it may still be possible to receive an award. However, genuine questions of comparative negligence may impact the appropriate amount. The level of fault apportioned among the parties can be a critical question in determining the appropriate award.
Unclear legal issues
Unsettled legal issues can create uncertainty about what might happen if the judge were to rule on them. A judge’s decision about how the law applies or whether a jury instruction should be given may effectively determine the case outcome. If these questions are unclear, it can change the settlement calculations as each party assesses the risk of deciding their case in court.
Insurance policies/other sources of compensation
The person claiming compensation must be able to collect it. The availability of insurance or other sources of compensation may make it easier to reach a settlement.
Willingness to go to trial
Accepting a settlement is a choice. You can take your case to trial. Building a strong case and being willing to take it as far as necessary can work in your favor in pursuing a car accident settlement in SC. The other side may be more willing to increase its settlement offer to resolve the case without trial. You may have a lawyer represent you to build your case, negotiate your settlement, and take it to trial if necessary.
Types of Damages You Can Recover in South Carolina
When you’re determining how much to expect from a car accident settlement in SC, you should review the types of damages you may recover. SC says that you can recover for the losses, both economic and non-economic, that you have from the car accident.
Damages from a car accident are individual to you—What have you lost personally because of the accident?
Examples of recoverable damages include:
- Emergency medical bills, ambulance
- Diagnostic testing, treatment, and surgery
- Physical therapy, medications, and medical supplies
- Nursing care
- Lost wages, household services replacement
- Vehicle damage
- Pain and suffering
- Emotional anguish
- Disfigurement, scars
- Changes in lifestyle, mobility loss, and community reputation loss
- Projected future losses, including medical, income, and life expectancy
An attorney can help you evaluate and value damages in your case.
How Insurance Companies Calculate Settlement Offers
Insurance companies use complex calculations to make settlement offers. What they’re doing is assessing how much they have to pay. They calculate what they think a jury would award at trial, with some consideration for the terms of the policy. They want to pay you as little as possible, even though they’re expected to act in good faith.
The insurance adjuster isn’t necessarily calculating what your claim is worth. They’re calculating what they think you will accept. An attorney can review the insurance company’s offer and advise you about whether to accept it or continue to pursue your case.
The Role of Medical Treatment in Determining Settlement Value
Medical treatment is important to determine the settlement value for a car accident in several ways. First, it establishes that you were injured in an accident. It identifies your damages and sets the basis for economic and non-economic compensation. If you don’t receive medical attention quickly after an accident, the insurance company may question the timeline of your injuries. Medical treatment can establish your healthcare-related losses and the relative severity of the accident.
When To Consider Accepting or Rejecting a Settlement Offer
- What are your damages? Are they reflected in the settlement offer?
- What are the likely or possible outcomes if you take your case to trial?
- Are there factors other than the calculation of damages that impact the appropriate case award?
- Do you want to take your case to trial?
You should accept a settlement offer when it reasonably reflects the probable outcomes at trial, considering your willingness to go to trial.
Contact an Experienced Greenville Car Accident Lawyer
Are you wondering how much to expect from a car accident settlement? You can get a case evaluation from an experienced Greenville car accident lawyer. Bobby Jones Law is currently taking new cases. Contact us now.
