Legal Question in Personal Injury in South Carolina

what are the limits of liability?

I was involved in an accident (rearended)-it caused a 3 car collision. Car that hit me was found at fault for all damages. He had minimum coverage (SC 15/30/10) I was the only one injured (medical, ect. is to date 5,000 plus nearly 3,000 in lost wages), unless the at fault was injured?? (1)-is the limit for personal injury 15000 or 30000 in this case (if the at fault party was injured also), (2)-also since my husband and I missed our anniversary celebration (2 days after the accident-I was in bed all day and night knocked out from meds and severe whiplash and shoulder pain) Does he (my husband) have any rights in this case-separatly? (3)-and also if the at fault driver has more than 1 car on his policy, can't both policy limits be pursued in this matter if my medical and wages go in excess of the car he was driving? He was ticketed. (4)-Also my 1st party benefits on my insurance is paying up to 5,000 for my medical, does this have to be paid back, and if so, by who?? Sorry so long, first accident and very frustrated and confused. Your answers will be appreciated, Thank you.


Asked on 3/16/05, 12:20 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: what are the limits of liability?

The limits your referring to allow for a total of $15,000 to any one person. This is not affected by any injuries the at-fault driver may have incurred. Your husband has what is called a Loss of Consortium claim. It is possible to file a claim under more than one policy, which can possible be the policy of the at-fault driver, the person injured, and even others. As far as the first party benefits, that insurance company can assert a subbrogation interest in the claim against the at-fault driver. Lastly, your asking good, intelligent questions. As you can see there are many complicated legal issues involved, including some you have not asked about. You would be well served by being represented by an attorney. Your welcome to call if you have any further questions. Robert Johnston 843-828-1137

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Answered on 3/16/05, 3:18 pm


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