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What Happens After A Car Accident While On Active Military Duty? | Steinberg Law Firm

What Happens After A Car Accident While On Active Military Duty?

When a military serviceperson is on active duty, they are considered “working” at all times. When a car accident occurs and causes an active duty serviceperson injury, they can be eligible for compensation and disability benefits in many cases, except for those injuries caused by willful misconduct or while AWOL (absent without leave).

However, active-duty military members contend with circumstances after an accident or injury that civilians do not, making compensation recovery complicated. If you or a loved one has been involved in a car accident while on active duty, you want to speak with a personal injury lawyer experienced with military claims as soon as possible. An accident claim can secure the compensation you need to pay expenses and cover your damages, but they are different from those filed by civilian accident victims. 

First, getting medical care for injuries on active duty usually means visiting military hospitals and doctors. This can be complicated by permanent change of station (PCS) travel orders. Not only do frequent relocations interrupt treatments and require establishing a new care provider and routine, but they can also make getting the required documentation, billing, and medical evidence needed to pursue an accident claim successfully harder. 

When an active duty military member receives care from military doctors or using military medical benefits, under the Medical Care Recovery Act (MCRA), the military needs to be reimbursed for the care it has provided. The reimbursement will come out of the settlement received by the injured active duty member. An attorney can negotiate with the military to increase the amount of money the military serviceperson injured in the car accident ultimately receives. 

Active duty military personnel often worry about the negative implications that an injury could have on their career. Some are hesitant to receive care for their injuries for this reason. However valid this concern may be, it only makes physical injuries worse in the long run. If your income or career is affected by your accident, you can recover lost wages and benefits as part of your claim. 

Contact the Steinberg Law Firm to Speak With a South Carolina Attorney About Your Case

If you or a loved one was involved in a car accident while on active military duty, reach out to the Steinberg Law Firm for assistance. Our legal team has extensive experience handling car accident claims for active-duty military personnel and is sensitive to the unique needs of our service members. 

To learn more and schedule a free consultation with one of our dedicated South Carolina insurance bad faith lawyers, give us a call at 843-720-2800. You can also contact us through our online form, and one of our attorneys will get back to you shortly. We represent clients in Charleston, and the surrounding communities, including but not limited to West Ashley, Summerville, North Charleston, and Goose Creek.

Updated on May 1, 2022

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