It is quite challenging to remain calm after a car accident, especially when there are serious injuries. In Charleston, South Carolina, there are specific procedures to follow to handle the aftermath of a car accident effectively, and it is wise to learn about them. They can make a significant difference in your ability to seek compensation for damages.

What Should I Do Immediately After a Car Accident?

After a car accident, safety is the primary concern. Begin by checking yourself and others involved for injuries. If anyone is injured, contact emergency services right away. Move vehicles out of traffic if it is safe to do so, and turn on hazard lights to alert other drivers.

Call 911 to report the accident, even if it appears to be minor. The police will document the scene and create a report, which may be important for insurance claims or legal proceedings. Collect information from the other driver, including their name, contact information, license plate number, and insurance details. Take photographs of the vehicles, damages, and the surrounding area to preserve evidence.

When Should I Contact My Insurance Company?

We suggest notifying your insurance company of the accident as soon as possible, as most providers require timely reporting of incidents. Provide accurate details about the accident and cooperate with your insurer throughout the claims process.

When speaking with the insurance company, avoid admitting fault or speculating about the cause of the accident. Stick to the facts and provide any requested documentation, such as the police report or photos from the scene. If you have concerns about calling them, feel free to contact us for a consultation first.

What Are the Legal Requirements for Filing a Claim in South Carolina?

South Carolina operates under a fault-based system for motor vehicle crashes. This means the at-fault driver is financially responsible for the damages caused by the collision, depending on the circumstances. To pursue compensation, you may file a claim with the at-fault driver’s insurance company or take legal action if a settlement cannot be reached.

State law requires drivers to carry a minimum amount of liability insurance coverage to pay for damages in the event of an accident. Filing a claim typically involves submitting evidence, including the police report, medical bills, repair estimates, and other supporting documents.

How Is Fault Determined in a Car Accident?

Fault in a car accident is determined by the evidence and circumstances of the collision. Traffic laws, witness statements, and the police report play significant roles in this determination. In some cases, multiple parties may share responsibility for the accident.

South Carolina also follows a comparative negligence rule, which allows individuals to recover damages even if they are partially at fault, as long as their share of responsibility is less than 51%. However, the amount of compensation may be reduced based on the degree of fault assigned to each party.

What Should I Know About Filing a Lawsuit After a Car Accident?

If a fair settlement cannot be reached through insurance, you may decide to file a lawsuit against the at-fault driver. In South Carolina, the statute of limitations for personal injury claims related to car accidents is three years from the date of the collision. Missing this deadline could prevent you from pursuing legal action.

To begin the process, a complaint must be filed with the appropriate court. The complaint outlines the details of the accident, the damages incurred, and the legal basis for holding the other party liable. The case will proceed through phases, including discovery, negotiations, and potentially a trial, depending on the circumstances.

Get the Help You Need with the Respected Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you were injured in a car accident and need to learn about your legal rights, the Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC offer free legal consultations. To learn more, call our Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina offices at 843-727-6500 or complete our online contact form. We proudly serve clients throughout South Carolina.