Filing an insurance claim after a car accident or motorcycle crash is generally how you get paid for injuries. However, the same might not be true for ATV riders, and you might still be on the hook for other damages.
Car drivers who strike ATVs on public roads must have liability insurance. However, the minimum coverage requirements are often too low to cover ATV accident victims’ medical bills. ATV insurance isn’t required, and even when riders have it, it may not be sufficient either. A lawsuit, on the other hand, can cover all medical damages and more after an ATV crash.
For help with your case from our South Carolina personal injury lawyers, call Burriss Ridgeway Injury Lawyers today at (803) 451-4000.
Does Insurance Cover Medical Bills After ATV Accidents in South Carolina?
Though an insurance claim might pay some medical bills after an ATV accident, it’s not guaranteed. Further, filing an insurance claim might not even be possible.
At-Fault Driver’s Insurance
Although ATVs are not street-legal in South Carolina, being hit by a negligent driver while riding an ATV on the road can force their liability insurance to cover some of your medical bills. The minimum coverage for drivers is $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage.
If a negligent driver has state minimum coverage, that might be insufficient to cover your medical bills. Even though ATVs are more stable and likely safer than motorcycles, costly emergency surgery specialist appointments might push you over the other driver’s coverage.
Victim’s ATV Insurance
Though insurance is not required for ATVs in South Carolina, riders can get comprehensive insurance policies that might cover damage and injuries. Still, they might only cover damages for injuries you cause others. If you are covered, it still might not be enough for your medical bills.
Because ATV owners often only ride these vehicles on private land, insurance is not common.
Victim’s Health Insurance
Victims’ health insurance may cover some medical bills associated with ATV accidents. Like with other medical care, victims might still face out-of-pocket costs and might struggle to convince insurance companies that certain procedures or treatments are medically necessary.
Health insurance will not cover other damages from accidents, such as lost wages and pain and suffering.
Getting Medical Bills and Other Damages Covered After ATV Accidents in South Carolina
To get medical bills and other damages covered after ATV accidents in South Carolina, our lawyers will start by confirming if you have grounds for a lawsuit. Then, we will start tracking your compensable damages, making sure to file the case before the required deadline.
Confirm Whether You Can File a Lawsuit
Whether or not victims can sue after ATV accidents is not always obvious.
When landowners let ATV riders use their lands for recreational purposes without charging a fee, they generally aren’t liable for accidents, according to S.C. Code Ann. § 27-3-30. A major exception is if landowners cause ATV accidents with willful, malicious, or grossly negligent failure to warn riders about dangerous conditions. Charging ATV riders fees to use private trails or courses also removes this exception.
Even though your ATV is not street-legal, you might still have a claim against another ATV rider who caused an accident on a course or a negligent driver who struck you on a public road.
Record Losses
A lawsuit can demand more than just medical damages. We will also consider past and upcoming missed income, vehicle damage, and other expenses.
Non-economic damages cover all intangible losses. For example, displaced fractures might make a victim unable to jog, walk their dog, play with their kids, or engage in any number of activities they previously enjoyed. Disfiguring injuries from facial lacerations or fractures are also known to cause significant stress, discomfort, and pain.
Underestimating non-economic damages is common since they don’t come with bills, unlike medical damages. We will quantify all of these damages for you, so you know your claim’s value.
File the Case on Time
Filing a lawsuit late will block ATV accident victims from getting compensation. The usual statute of limitations counts from the date of injury, giving you three years to file a lawsuit.
Medical Bills After ATV Accidents in South Carolina
The first set of medical bills you’ll face after an ATV accident may come from emergency room treatment. Charges from ambulance rides to hospitals and help from paramedics are also common.
After you get discharged from the hospital, give our lawyers a copy of the itemized bill. This should specify the cost of all treatments, tests, and procedures at the hospital. This bill alone might cost thousands of dollars, particularly if victims suffer broken bones or head injuries.
You may have to return to the hospital for further treatment. Doctors might refer you to specialists if you have a head or back injury, especially if you need surgery.
As you get medical bills from providers, give copies to our lawyers. We need them to show your exact losses from medical treatment.
Don’t stop your treatment plan, even if medical bills get overwhelming. Missing appointments has consequences. First, it causes gaps in victims’ medical records. Second, victims’ injuries might worsen. Worsened injuries may mean more medical treatment. The defendant might argue against covering those damages because you missed appointments.
You might incur medical bills for a long time, depending on your injuries. We can factor anticipated medical bills into your case and can support these amounts with physician statements.
Call Our Lawyers in South Carolina About Your ATV Accident
For a free case review from our Sumter, SC personal injury lawyers, call Burriss Ridgeway Injury Lawyers today at (803) 451-4000.
