If Iwas in an accident and was hurt but they said that I was in the wrong, canI still sue the other insurance company?

Asked on November 11, 2011 under Accident Law, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were at fault in the accident, the other driver's insurance company won't pay for the property damage to your vehicle or for your personal injury claim.  The property damage and personal injury claims are separate.

If you can prove you were NOT at fault in the accident; for example, if there is a police report that attributes fault in the accident to the other driver, then you would have property damage and personal injury claims to file with the at- fault driver's insurance company.  The personal injury claim of the party not at fault in the accident would include compensation for the medical bills, compensation for pain and suffering and compensation for wage loss.

If the police report says that you were at fault in the accident, you won't prevail in a claim against the other driver's insurance company.  The insurance companies rely on the police report in determining fault in an auto accident.

If you were at fault in the accdent, you will need to pay for your own medical treatment.  If you have health insurance, you could use that towards your medical treatment. 

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