You climbed into the passenger seat without a second thought. Someone you trusted was behind the wheel. Then came the crash, the ambulance, and the emergency room. Now, you're dealing with medical bills, missed work, and ongoing pain from injuries you didn't cause. And, the person driving was your friend or family member.
Filing a passenger car accident injury claim in these situations creates an emotional tangle. You need compensation for your injuries, but you're worried about damaging a relationship or causing financial harm to someone you love. A South Carolina car accident lawyer understands both the legal procedures and the human dynamics at play.
Whose Insurance Pays for Your Injuries?
The answer depends on who caused the crash.
- If another driver was at fault, you'll file a claim against that driver's liability insurance.
- If your friend or family member caused the accident, you'll file against their insurance.
- If both drivers share fault, you may pursue claims against multiple insurance policies.
The key point is that insurance companies pay these claims, not the drivers personally. Many passengers decline to pursue legitimate claims because they believe doing so will financially devastate the person who was driving. Auto insurance policies exist to cover injuries caused by the policyholder's driving, regardless of who gets hurt.
South Carolina's Required Insurance Coverage
South Carolina requires all drivers to carry minimum liability coverage under S.C. Code Ann. § 38-77-140, commonly referred to as 25/50/25 coverage:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
These minimums often don't cover serious injuries. A single hospital stay can easily exceed $25,000, leaving injured passengers undercompensated if the at-fault driver only carries minimum coverage. Premiums may increase after an accident or claim, depending on the insurer and circumstances.
Your Rights as an Injured Passenger
As a passenger, you had no control over the vehicle. South Carolina law allows you to recover compensation for injuries caused by another person's negligence. The legal paperwork may list your friend or family member as a defendant, but you're really making a claim against their insurance coverage.
South Carolina follows modified comparative negligence (the "51% bar") under state case law, which bars recovery if your negligence is greater than the defendant's. Passengers rarely bear any fault since they aren't operating the vehicle, which strengthens your position when pursuing compensation.
Insurance adjusters, not your loved one, handle negotiations and make settlement offers. Your friend typically has minimal involvement beyond providing a statement about what happened.
Your Own Insurance May Provide Additional Coverage
Check your own auto insurance policy. Even though you weren't driving your vehicle, you may have coverage that applies when you're injured as a passenger. Which policy applies first, and in what order, can depend on the specific policy language and the vehicle you were occupying at the time of the crash.
- Uninsured Motorist Coverage. UM policies protect you when the at-fault driver has no insurance and apply even when you're a passenger in someone else's vehicle.
- Underinsured Motorist Coverage (UIM). UIM coverage covers you when the at-fault driver's insurance limits don't fully compensate for your damages.
- Medical Payments Coverage. MedPay pays medical expenses regardless of who was at fault, providing quick access to funds while you pursue a larger claim against the at-fault driver's liability insurance
Note that UM/UIM claims can have specific notice requirements and policy-based deadlines that differ from the three-year lawsuit deadline. Your insurer may also require consent before you settle with the at-fault driver.
How a South Carolina Car Accident Lawyer Helps
Legal representation serves multiple purposes in passenger injury claims. Your lawyer handles uncomfortable conversations with insurance companies, removing you from difficult negotiations. This distance protects both your claim and your relationship with your friend or family member.
Most injured passengers underestimate what they're entitled to recover. A South Carolina car accident lawyer accurately values your claim by including all damages:
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Permanent limitations
Your lawyer also builds strong evidence by obtaining police reports, gathering medical records, interviewing witnesses, and documenting financial losses, all while you focus on recovery.
You didn't cause this accident. Filing a passenger car accident injury claim isn't about blame. Rather, it's about accessing insurance coverage that exists for situations like this. The insurance company pays for your damages, and your relationship with the driver can continue once everyone understands the process.