One car accident occurs in the state of South Carolina approximately every four minutes. Car accidents have the potential to cause bodily harm, damage to property, and perhaps death. The year 2019 found Charleston to be one of the two counties in the state with the greatest number of people killed in motor vehicle accidents (72 victims). An auto accident attorney in Charleston can assist you in obtaining the compensation you are entitled to if you or a member of your family is injured as a result of one of the many accidents that take place in this region.
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By establishing a personal injury claim on your behalf, an attorney for vehicle accidents may assist you in obtaining the financial recompense you are entitled to. There are lots of vehicle accident attorneys who are well-versed in South Carolina law and are able to guide clients through its complexities.
Should I report the accident I’m involved in?
Any motor vehicle collision that results in injuries or fatalities, or causes property damage of at least $1,000, is required by law to be reported to the appropriate authorities in South Carolina. Failure to report a significant collision can result in a variety of legal punishments, including (but not limited to) the suspension of a driver’s license as well as criminal accusations of hit-and-run driving.
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There are normally two methods to report an automobile accident to the police in the state of South Carolina:
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- After the accident, you must immediately contact the authorities. It is recommended that you report the collision to law enforcement, and the best way to do this is to call 911. This will result in prompt assistance being provided at the site, as well as an official investigative report on the collision being generated by the police.
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- Motorists can report automobile accidents to the South Carolina Department of Motor Vehicles (SCDMV) in the hours or days following the incident, even if the police were not contacted immediately (or if they were unable to get to the site). It will be essential to complete Form-309, which is known as the Traffic Collision Report Form, and send it to the South Carolina Department of Motor Vehicles (SCDMV) within 15 days after the collision in order to file these reports of automobile accidents. At this time, there is no online reporting system for motor vehicle collisions in the state of South Carolina.
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We strongly advise you to report any accident, no matter how “small”, to the appropriate authorities in order to safeguard your legal rights. This is true even if the accident did not result in serious injuries.
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How do the parties involved in a vehicle accident establish who was at fault?
Driver mistake accounts for nearly all traffic collisions. This signifies that at least one motorist was at fault for the collision, shifting the burden of paying damages from the other driver(s) to them in the event of a lawsuit or insurance payout. To determine who was responsible for the collision, we’ll have to look at the specifics and the evidence.
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Who is to blame in an automobile accident in South Carolina is determined by using the principle of comparative negligence. What this implies is that if it can be proven that both drivers were at fault for an accident, the injured person may have their compensation reduced by an amount proportional to the degree of negligence displayed by each driver. As an example, if you are found to be 10% at blame, 10% of your compensation will be withheld. As a result, it is critical to have an experienced legal advocate working for you to lessen your responsibility and increase your compensation.
When and why should I retain legal counsel following an automobile crash?
To ensure your rights and claim are protected when you pursue financial compensation following an automobile accident injury, it is highly recommended that you retain legal representation. After an automobile accident, you have a few choices to obtain financial recompense. Insurance is supposed to pay for your medical care, lost wages, and other costs associated with becoming hurt.
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After an automobile accident, registering a claim with your insurance company is a routine procedure; filing a claim against the other driver’s insurance company, however, might be more complicated. Typically, insurance companies will offer you the lowest settlement they can get away with, even if it’s less than what you’re actually owed. Therefore, it is crucial to have legal representation when negotiating your claim to ensure you obtain fair compensation.
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After a vehicle accident, you may also require an attorney for the following reasons:
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- If the negligent motorist doesn’t have enough insurance to cover your damages
- Your claim has been rejected by the insurance carrier
- It turns out the accident report was fabricated
- There is a debate about who is responsible
- You were seriously injured, perhaps even fatally (or a loved one was killed)
- Damage to property or total loss of your car occurred from the collision
- A government car was involved in the accident
After an accident, what paperwork do I need to keep?
One more thing you should do following a car accident is to document all you can about the incident and the financial impact it has on your life. Keeping detailed records of the financial losses you incurred as a result of the accident is crucial to preserving the value of your claim.
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These are only a few examples of details that should be documented:
Images and a written report from the scene of the accident (s)
You can submit images taken at the scene of the accident, photos submitted with your police report, and/or photos submitted with your insurance claim. A copy of the police report and any investigation or claims reports (or communication) from insurance companies should be kept.
Lost income
Maintaining pay slips and bank statements might help you prove the income you’ve lost as a result of the crisis. Keep all letters, reports, or memoranda from your employer pertaining to your job loss if the injury led you to miss too much time from work.
Healthcare and associated costs
You should keep any paperwork relating to your care for injuries sustained in the accident, including bills, notes from doctors, treatment plans, and diagnostic test results. Additional comments (such as a diary) might be added to these records to further explain the extent to which your physical and mental capabilities have been impaired as a result of the accident.
Other expenses
Bills for prescription drugs, rental cars, property damage, medical care, etc. are all examples of this. Keep the receipt if you make a purchase to compensate for any accident-related losses.
What losses can I claim after a car accident?
We may be able to assist you in recovering economic and non-economic losses, such as:
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- Incurred costs associated with medical care, such as those associated with treatment, medication, and physical rehabilitation (past and future)
- Income loss
- Damage and loss of property
- Loss of future earning capacity
- Anxiety, emotional distress, and depression
- Pain and suffering
- Loss of relationship
- Lowered standard of living
- Exemplary damages
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How long do I have to report a vehicle crash?
The statute of limitations for filing a lawsuit due to personal injury is three years in South Carolina. Within three years after an auto accident injury, you must make a claim for compensation. Both filing a claim for property damage and filing a wrongful death action on behalf of a deceased loved one have the same three-year statute of limitations.
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The “statute of limitations” governs when a claim must be filed in order to avoid having it automatically dismissed by the court. If you’ve been in a vehicle accident in South Carolina, you should get in touch with an attorney as quickly as possible to figure out what to do next.
Talk to An Expert Car Accident Lawyer in Charleston, SC
Victims of car accidents suffer from not only bodily but also mental and financial distress. You will also have to deal with the financial burden of repair costs and medical bills, frequently within a short period of time following the accident. In addition, you run the risk of being pursued by insurance firms, who may present you with complex paperwork and absurd suggestions. You should get in touch with a knowledgeable car accident lawyer to assist you with your case and assist you in resolving these difficult issues relating to finances and insurance. During the time that you are concentrating on getting well after a vehicle accident, you should let the insurance paperwork, police reports, and even medical assessments remain in the background
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