Do I Need a Personal Injury Attorney if the Other Driver Was Clearly At-Fault?

Our David W. Martin Accident and Injury Lawyers in Fort Mill and Rock Hill understand that some South Carolina vehicle collisions are clearer cut than others.

When someone runs a red light and crashes into another motorist, the driver who failed to obey the traffic signal was clearly at fault.

When an impaired driver gets behind the wheel and causes a crash, injuring occupants in another vehicle, he or she is not only breaking the law but is directly liable for the damages.

The question becomes if the person who collided with your vehicle was clearly at fault for the collision, why would you need a personal injury attorney to pursue the financial compensation you may be entitled to for your medical bills, lost wages, and additional expenses?

Our personal injury attorneys in York County explain why the recovery process is more difficult than you might think.

The Driver is Not Responsible for Paying the Damages: The Insurance Company Is

When a traffic collision occurs, the liable driver is rarely pursued for the damages directly.

Simply put, the driver is not going to pay for the injured person’s damages out of pocket — that is why motorists carry vehicle insurance.

Even when the insurance company’s policyholder — the driver who hit you — is clearly at fault for the crash, they are going to do everything they can to pay as little as possible to protect their best interests.

The Insurance Information Institute (III) estimates the U.S. insurance industry net premiums written totaled $1.28 trillion in 2020. These large corporations did not amass that type of revenue by paying each claim filed, as III lists over 200 million claims are denied each year, and millions more are paid a lesser settlement than they were worth.

No matter which insurance company covers the liable party, they are not simply going to part with tens of thousands of dollars because their policyholder caused a crash.

Insurance companies are notorious for delaying, undervaluing, and denying insurance claims to protect their bottom line. Even if their policyholder was impaired, ran a red light, and hit your car, they are still going to offer you a lesser settlement than your claim is worth.

That is how the insurance industry works.

Partnering with a South Carolina Personal Injury Attorney Changes the Insurance Company’s Approach

If you do not have the legal expertise and negotiation skills to aggressively counter the insurance company’s low-ball settlement, they are going to come out on top.

Statistics show, even when the attorney’s fees are factored into the equation, injured claimants who are represented by a skilled personal injury lawyer in South Carolina often recover substantially more than those who handle their own claims.

Certainly, after we produce a positive outcome for any of our clients, we recuperate our legal fees and expenses at a set rate that is agreed upon at the start of each case.

Going it alone may net you less than what you would have received, minus our fees.

Contact Our Skilled Personal Injury Lawyers in South Carolina Today for a consultation

If you were hurt in a car crash or lost someone you love to another driver’s negligence, contact our experienced auto accident attorneys in South Carolina at the David W. Martin Accident and Injury Lawyers today by calling 803-258-6199.

We provide consultations for all personal injury cases in South Carolina, and never charge any legal fees unless we deliver a positive outcome for your unique case.



David W. Martin Accident and Injury Lawyers is the personal injury division of David W. Martin Law Group, LLC. David W. Martin Law Group, LLC. is responsible for all content, links, and blogs contained within this website.


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