How Out-of-State Drivers Complicate Car Accident Cases
South Carolina is a magnet for visitors in the Spring. Drawn by our warm weather, tourists drive into South Carolina from distant states, and many businesses hold conferences in the state. While here, some visitors will get into car accidents. At Snyder Heitman, LLC, we know that an out-of-state driver can complicate a personal injury case. Injured victims and their families should hire a law firm with sufficient experience to negotiate a fair settlement when a driver from away is to blame for your injuries.
4 Problems When an Out-of-State Driver Causes a Crash
Accidents involving a driver from a different state have certain complications. Here are some challenges with these cases:
- Different insurance policies. South Carolina requires liability insurance, with the following limits: $25,000 in bodily injury liability, up to $50,000 in bodily injury benefits per accident; and $25,000 in property damage. However, other states have different insurance requirements. Florida is a no-fault state that doesn’t even require liability coverage.
- Different negotiation strategies. Insurance companies located in other states might have different policies regarding negotiation and settling claims. They might base the value of a claim on data from New York, Pennsylvania, or Michigan accidents. That information might not be relevant when it comes to the cost of medical care in South Carolina. It might not be surprising if an out-of-state insurer offers a very low settlement proposal.
- Distance. Having the defendant live out of state presents unique challenges when it comes to evidence collection. Although we usually settle most car accident cases, we might need to take a deposition, which involves asking the defendant questions under oath. That might mean requiring the defendant to come back to South Carolina for questioning. Other evidence on the vehicle could be back in the driver’s home state, such as black box information.
- Enforcement of judgments. If the case goes to trial, then we get a “judgment” from the court if we win. This is essentially a piece of paper. Unless the defendant voluntarily pays, we need to enforce the judgment, which could include levying bank accounts, garnishing wages, putting a lien on property, or taking some other action. Each state puts limits on the enforcement of judgments. In Florida, for example, a defendant’s homestead is exempt from any attempt to enforce a judgment.
Work with the right personal injury firm if you are hurt by a driver who was visiting South Carolina at the time of the accident. We can investigate the collision to uncover useful information, and we handle the entire negotiation process.
Contact a Car Accident Lawyer to Learn More about Your Legal Rights
Snyder Heitman has provided high-level legal representation to injured victims for decades. If you are injured in a crash, contact our law firm today to discuss your injuries and your memories of the accident. A Greenville car accident lawyer can answer your questions and provide an overview of the typical timeline for a case. We also serve Spartanburg and Upstate South Carolina.
Source:
doi.sc.gov/982/FAQ-Auto-Insurance