This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.
South Carolina Complaint regarding Auto Accident (Guest passenger vs both drivers)
State:
Multi-State
Control #:
US-PI-0304
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Both Drivers)?
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FAQ
Car Accident Frequently Asked Questions. Should I report my car accident? South Carolina law requires any auto accident that causes at least $1,000 in property damage or results in injuries or death to be reported to authorities.
The driver whose negligence caused a car accident is responsible for compensating all injured parties. However, a driver is responsible for his passengers after an accident only if his negligence caused the accident. In either case, if you suffered injuries as a passenger, we could help you seek compensation.
To prevail in an action for negligence, the plaintiff must prove the following three elements: a duty of care owed by defendant to plaintiff; defendant's breach of that duty by a negligent act or omission; and. damages to plaintiff proximately resulting from the breach of duty.
One lawyer cannot look out for the interests of both the driver and the passenger. This is even more so when there is limited coverage available to pay any judgment or settlement that is reached.
Car insurance generally follows the car instead of the driver, so the car owner's insurance will cover the crash, even if someone else is driving. On the other hand, if your car is taken without permission or the driver is not licensed, the driver is responsible.
You could give the closest intersections or nearby businesses if the accident happened on an urban street. Mile markers or exit numbers are sufficient if the crash happened on a rural road or interstate. Other details of the scene include the time, weather and road conditions.
Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.
In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.