Experiencing an auto accident can be overwhelming, especially in South Carolina where busy roads and complex laws add to the stress. This guide outlines the essential steps to take immediately after an auto accident in South Carolina ensuring your safety and legal compliance.

Check for Injuries and Ensure Safety

In the chaotic aftermath of an auto accident, prioritizing immediate safety steps is crucial. The priority should always be to assess the well-being of those involved in the accident.

The unsettling nature of motor vehicle accidents can induce shock and confusion, making it imperative to check for injuries, including any sign of personal injury, as not all injuries may be immediately apparent.

If anyone appears to be critically injured, calling 911 should be your immediate next step. SC authorities are quick to respond, providing critical medical assistance and beginning the process of accident report documentation onsite.

Ensuring safety extends beyond personal injuries; a comprehensive safety check includes evaluating the accident scene. Be vigilant about dangers posed by fuel leaks or smoke. Alerting oncoming traffic to the scene of the accident can be facilitated by the use of hazard lights or a triangle.

Contact the Police

Contact the police after a car accident, even if it seems minor. Calling the police ensures that an official report is filed, which can be necessary for insurance claims and legal purposes. The police will also help manage the situation and ensure that all necessary steps are taken.

Move to a Safe Location

Upon the occurrence of an auto accident, certain measures need to be undertaken to safeguard oneself and others involved.

One priority is to relocate to a safe zone, which involves distancing yourself from the immediate area of the accident. Given the unpredictable nature of these incidents, a sudden escalation that may further endanger lives is always a likelihood. For instance, a vehicle fire can erupt, stopped vehicles or pedestrians can be hit by oncoming traffic, or unpredictable weather conditions can worsen the situation. Swiftly evaluating this risk is crucial, and prompt relocation of persons and, if possible, vehicles involved in the accident decreases the probability of more injuries. 

After ensuring safety, start making a mental note of the events preceding and following the accident. Police officers will want you to remember the exact location of vehicles and other specifics.

This will be a summative report on the accident that will help in not only remembering crucial contact information but also effectively exchanging information with the parties involved.

A detailed police report that accurately describes the incident aids in the facilitation of medical treatment that any parties may require and sets the stage for further actions like legal and auto insurance procedures.

Exchange Information with Other Parties

It is critical to follow certain steps following an auto accident, especially while dealing with the other parties involved.

Observing and documenting the immediate aftermath is a step that could potentially pivot the outcome of any subsequent claims.

Necessary information to obtain includes the name, phone number, address, insurance company, policy number, driver’s license number, and license plate number with the other parties involved in the accident.

Taking photographs should be a priority, not only of the vehicles involved but also the location, traffic signals, and any property damage.

Put your phone camera to use to document the damages caused by the accident and any evidence at the scene that may determine who is to blame for the accident. These images could be a potent piece of evidence, backing your narrative when you give a statement to your insurance company or in court.

Document the Accident Scene

In the immediate aftermath of a car crash, it might seem daunting to remember to document the accident scene. However, this crucial step should not be overlooked by anyone involved in an accident.

The period immediately preceding a car crash would take days or weeks to fully process, but gathering and preserving specific details of the accident right away can be instrumental in identifying the cause of the accident later on. This is of particular relevance for those injured in a car crash, as those well-documented details could prove indispensable when asserting their legal rights.

Police will typically arrive soon at the accident scene to conduct a preliminary report. However, the involved parties need to take notes and photos before leaving the scene. Careful record keeping can safeguard one from scenarios where the other party attempts to evade being held responsible for the accident.

To avoid making ailments or injuries worse and to make sure nothing is omitted, careful document preparation is key.

Collect Witness Details

After an auto accident, it becomes crucial to gather as much evidence as possible to document the accident. One vital part is collecting details which can significantly impact the outcome of a compensation claim.

Witnesses can provide a third party perspective in the details surrounding the accident, which is why personal injury attorneys often rely heavily on their testimonies.

Deciding who is at fault might often depend on different witnesses’ perspectives, and under South Carolina law, the extent of fault can affect how much compensation you recover. 

Therefore, before you leave the scene, you must ensure you’re engaged with all possible witnesses, recording their contact details and collecting their preliminary statements.

Being involved in an auto accident comes with a myriad of potential consequences: serious injuries, car repairs, medical expenses, and lost income becoming some of them. As such, the drivers involved must take any action necessary to protect their interests.

Detailing specifics of the event, including weather and traffic conditions at the time of the accident, can substantially help to build stronger claims against insurance companies and attorneys representing the opposing side.

Seek Medical Attention

Following an auto accident, it is very important to prioritize your health and seek immediate medical attention. Regardless of the severity of your injuries or the symptoms you notice, consulting a health professional is vital.

In many accidents, certain injuries might not show immediate symptoms and could potentially lead to long term health issues if not treated promptly. Be aware that some insurance policies require medical attention within a specific time frame after the accident to validate a claim filing.

Once paramedics arrive at the scene, accept their assistance as they are equipped to evaluate injuries immediately, not to mention their evaluation often serves as the official report confirming the accident’s injuries.

Keep Records Of Medical Expenses

Preserve all medical bills, receipts, and related documentation from your healthcare provider. These records will be valuable when submitting insurance claims and seeking reimbursement for medical expenses. Keeping accurate records ensures that you can provide comprehensive evidence of your injuries and associated costs.

Report the Accident to Your Insurance Company

Once you have diligently acquired all necessary information from the other driver (including the driver’s license number) it is critically important to immediately notify your insurance company about the collision.

To ensure accurate and comprehensive reporting, make use of the documented details from the accident scene, this will help clarify the events to both your insurance company and the at-fault driver’s insurance company. Remember, the report should contain details about the damage to all vehicles involved in the accident. In the course of reporting the accident be mindful to avoid making and sweeping statements about what caused the accident. Remain factual and reserved when giving your statement to the other driver’s insurance company as well.

Follow Your Insurer’s Instructions

Upon reporting the accident, your insurance company will provide you with specific instructions on the next steps to take. They may guide you on submitting documentation, scheduling repairs or interacting with claims adjusters.

Follow their instructions diligently to ensure a smooth claims process. Following your insurer’s instructions can help expedite your claim and facilitate a quicker resolution.

Understanding South Carolina Laws

Filing a Police Report

In South Carolina it is legally required to file a police report if the accident results in injury, death, or property damage exceeding $1000. Familiarizing yourself with these requirements is important to ensure you comply with the laws and protect your interests.

Statute of Limitations

Beware of the Statute of Limitations for filing lawsuits related to a car accident in South Carolina. Generally, you have three years from the date of the accident to file a personal injury lawsuit and two years for property damage claims. Understanding these time limits is crucial for pursuing legal action if necessary.

Consider Legal Help

Finally, you should consider contacting an experienced South Carolina personal injury lawyer to discuss your case. Your attorney can seek medical expenses, pain and suffering, lost income, and other damages caused by the accident on your behalf. The sooner you obtain an attorney the better, as your attorney will also ensure that you do not give any statements or take any action that would jeopardize your case. For instance, you should not give a statement to the other driver’s insurance company. Instead, let your attorney talk to them on your behalf. In addition, you should not sign any statements, waivers, or releases or accept any checks until you have consulted with an attorney, who will make sure you’re being treated fairly.

What Can Be Included in a Compensatory Award After a Car Accident in South Carolina?

The valuation of compensatory award after an automobile accident in South Carolina differs depending on the circumstances surrounding the case. However, some factors which affect the compensatory award include:

  • Medical Expenses
  • Lost Wages (Inability to work makes you entitled for lost wages, including your future earnings)
  • Property Damage (The cost of repairing or replacing your vehicle or any other personal property damaged in the accident may be significant in determining the compensatory award)
  • Pain and Suffering (You could suffer physical pain and/or emotionally diminished quality of life due to your injuries. Pain and suffering damages compensate you for these non-economic damages. While it can be challenging to assign a monetary value to emotional and physical suffering, a knowledgeable personal injury lawyer will consider various factors such as the severity of your injuries, the impact on your daily life, and the duration of your pain and suffering to calculate how much you should receive.)
  • Punitive Damages (If negligent driver’s actions were deemed willful, wanton, or malicious, such as drunk driving, you may be able to recover punitive damages. Unlike compensatory damages which aim to restore to the accident victim, punitive damages are designed to punish the at-fault motorist and deter others from similar conduct.In South Carolina, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater.)

Who Pays Your Medical Expenses if You Are Injured in an Auto Accident in South Carolina?

In South Carolina, the at-fault driver’s insurance company is typically responsible for paying for your medical expenses if you are injured in an auto accident. This is because South Carolina is a “fault” state, meaning that the driver who caused the accident is legally responsible for any damages or injuries that result.

What Are Your Options for Getting Financial Compensation?

As noted above, South Carolina is a “fault” state for car insurance; the driver who caused the accident is considered “at fault” and responsible for paying damages. But in reality, it’s usually more complicated than that.

The “at fault” driver may not have enough insurance to cover your damages. And you may be found partially responsible for what happened, affecting the amount of damages you can recover. But there are basically three options for getting compensation.

  • You Can File a Claim with Your Own Insurance Company – This is an option no matter who was at fault for the accident. If the other driver was at fault your insurance company is likely to seek reimbursement from that driver’s insurance company. This is known as a first-party claim.
  • You Can File a Claim with the At-Fault Driver’s Insurance Company – This is known as a third-party claim. When the other driver was clearly at fault, by law the driver is responsible for paying damages. But getting the insurance company to pay the full value of your claim is challenging. Typically, an insurance company will make a settlement offer that is too low. This is where you need an experienced personal injury attorney to negotiate a more favorable settlement.
  • You Can File a Lawsuit Against the At-Fault Driver’s Insurance Company – Sometimes the insurance company takes a hard line and won’t agree to a fair settlement or they may say you were at fault for the accident. If negotiations do not produce an equitable settlement then a lawsuit is filed.

South Carolina also uses comparative fault rules. This means, you could be found partially responsible for causing the accident. For example, if you are found to be 20% at fault for the accident your compensation may be reduced by 20%. But if your fault is determined to be 50% or less, you can still recover partial compensation.

Do You Have Enough Insurance

In South Carolina, all drivers are required to buy car insurance. Every policy must carry minimum liability limits of:

  • $25,000 for injury or death of one person
  • $50,000 for all injury or death in a single accident
  • $25,000 for property damage

But the damages in a serious car accident can exceed these limits.

It’s a good idea to add as much coverage as you can, so you’ll be protected financially.

There is also optional coverage that can help protect you. If you are ever hit by an uninsured or underinsured driver, having UM/UIM coverage can help pay medical expenses and lost wages. Personal injury protection (PIP) provides additional compensation, whether or not you are at fault for an accident. Collision coverage helps pay the costs of repairing damage to your car, or the cost of replacing it. 

Getting You the Compensation You Deserve

If you or a loved one has been involved in an auto accident in South Carolina, reaching out to an experienced attorney is one of the most important steps you can take. At Shelton Law Firm we are committed to helping accident victims navigate the complexities of the legal system and secure the compensation they deserve. Our dedicated team will provide personalized attention, guiding you through each step of the process with compassion and experience.

Put the Sheldon Law Firm to work for you.

Come in for a free case evaluation, or call (843) 802-0087.