According to state law, South Carolina requires you to report any accident with more than $1,000 in property damage or injuries. It is crucial to follow this law to avoid penalties or possible license suspension for failing to report an accident. With most accidents causing at least $1,000 in vehicle damages, reporting all accidents is the best practice.
You can report your accident to the police or the SCDMV. By calling the police, you have a better chance of having assistance at the scene that can provide additional proof of how the accident occurred with a police presence and subsequent police accident reports.
What Documentation Should I Acquire After a Car Accident?
Thorough documentation of the accident and the aftermath benefits you in various ways. After attending to any injuries present and calling the police to report the accident, it is essential to begin your investigation of the car accident if possible.
Taking pictures or videos of the cars involved and their damages, photos of any injuries sustained, and more can help you in the future. Note the weather conditions, road conditions, or lighting that may have contributed to the accident. If there are witnesses, having their contact information and statements from them regarding what they saw can be invaluable.
When you or others in your vehicle seek medical attention, it is essential to keep records of this and any police reports regarding the accident. Some hesitate or choose not to seek medical attention if the accident doesn’t seem significant. Suppose there happens to be a concussion or soft tissue damage that isn’t obvious immediately after the accident. In that case, it may lead to more severe injuries if not examined by a professional.
The repair bills for your vehicle are also essential to keep. You may need to seek several estimates or companies to repair your car entirely. Keep all records of costs incurred, whether covered by insurance or not.
You may have lost wages due to the accident or the time necessary to seek medical attention and related treatment. Keeping track of the hours missed and calculating the total can be beneficial because, in most cases, you can factor this into the total damages you pursue.
Should I Discuss Specifics With My Insurance Company?
Please remember that insurance companies have their and their client’s best interests at heart, but not necessarily your account balance. This can mean they will seek a much lower settlement than you deserve. Giving them thorough information or inadvertently admitting fault for the accident can lead to a much lower payment than what is rightfully yours.
It is best to give just the necessary information, such as the date and time of the accident, what injuries you may have sustained, what an estimate of the damages to your vehicle may be, and no more. Speaking on whose fault the accident may have been before you’ve had time to gather your thoughts and gather all the details may put you in a vulnerable position and make it more challenging in the future to recover damages that are yours.
What Damages Can I Recover?
In a car accident case, several damages can add up quickly. The most black and white damages may be medical costs, vehicle repair costs, and more.
Most people don’t consider the other costs you may be able to recover. Lost wages, for example, as mentioned above, may recover the wages you lost while attending to your medical needs.
Pain, suffering, or emotional distress may also be pursued in total damages after a car accident. There may be a significant residual fear from the accident that causes sleepless nights, anxiety, depression, or PTSD. These damages can be estimated with the help of an effective attorney and presented as part of your case.
The loss of future earning potential may also be relevant. Suppose your injuries resulted in a decreased capacity for your line of work. In that case, you might be able to pursue the difference in the income you once earned, what you can now due to the injuries sustained in the accident.
In some cases, punitive damages can be sought. Punitive damages are less common but are in place to punish the defendant for their gross negligence or intentional misconduct. Punitive damages are meant to punish the defendant and deter others from the same actions. An example may be if the other driver was impaired and significant injuries or fatalities resulted, punitive damages may be necessary.
What is the Statue of Limitations on Car Accidents in South Carolina?
The statute of limitations in South Carolina for car accident lawsuits is three years from the date of the injury. Failure to file a suit in this timeframe will likely be rejected, regardless of how strong your case may be.
How Can a Personal Injury Attorney Help Me?
With accidents being a common occurrence, it can seem that they should be relatively easy to navigate. If you’ve ever experienced a significant car accident, you know they can abruptly change your life and life as you knew it for years to come.
Don’t settle for less than you deserve. Work with an effective attorney to help you establish your options, allow you to research or investigate the cause of the accident, negotiate with other parties or insurance companies, and represent you in court.
Contact our office at (803) 391-3120 to speak with our team regarding how we can best assist you in fighting for what is right for you and your family.
