Protect Yourself and Your Case by Steering Clear of These Common Errors
Getting into a car wreck in South Carolina can be stressful and confusing. Your heart races. You might feel shaken or unsure what to do next. In those first few minutes and days, it's easy to make a mistake that could hurt your health, your finances, or your legal rights.
Avoiding these five common errors can make a big difference in how smoothly things go and whether you're able to recover damages later.
1. Admitting Fault at the Scene
Right after a crash, many people feel the need to say something to the other driver, the police, or even a witness. But saying "I'm sorry" or admitting fault could be used against you later, even if you weren't fully to blame.
Let the officers investigate and report the facts. South Carolina follows a comparative negligence rule. Even if you are partly at fault, you might still be able to recover compensation as long as you are found to be less than 51 percent responsible. Do not take the blame at the scene. Just answer questions honestly and clearly.
2. Not Getting Medical Help
Some injuries do not show up right away. You might feel fine at the scene and decline treatment, only to wake up the next day in pain. Skipping a medical evaluation can not only risk your health, but also weaken your legal claim. Insurance companies might argue that you were not really injured if you did not seek care.
It is always smart to get checked out by a medical provider as soon as possible, both for your well-being and to create a clear record of your injuries.
3. Waiting Too Long to Get Legal Help
South Carolina gives you three years from the date of the accident to file a personal injury lawsuit. That might sound like plenty of time, but evidence fades fast and so do memories. The longer you wait, the harder it might be to prove your case.
Getting legal advice early can help you avoid problems and keep everything on track. An experienced attorney can guide you through what to do next and help you recover damages for medical bills, lost income, pain and suffering, and more.
4. Failing to Call the Police After a Car Wreck in South Carolina
South Carolina law requires that accidents involving injury, death, or property damage over $1,000 be reported to law enforcement. If you do not call the police, you could face legal trouble, and you will not have an official report to support your claim.
The police report helps document who was involved, what happened, and what conditions were present at the time of the wreck. This report can serve as valuable evidence if you decide to pursue compensation.
5. Talking to the Other Driver's Insurance Company
It might seem harmless to take a call from the other party's insurance adjuster, but their goal is to protect their company, not you. They might ask leading questions or pressure you into giving a recorded statement.
You do not have to speak with the other insurance company without guidance. It is better to let your attorney handle those conversations. They will know how to protect your interests and help you avoid costly missteps.
Don't Let a Mistake Cost You
A car wreck in South Carolina can leave you feeling shaken, but avoiding these mistakes can make the road ahead a little smoother. Acting quickly, staying calm, and knowing what not to do can protect both your health and your financial recovery.
Contact Winslow Law today to schedule your free consultation. With offices in Myrtle Beach, Pawleys Island, and Columbia, we are here to help South Carolina residents and visitors navigate the road to recovery.
Winslow Law—Committed counselors for our clients and community.
FAQs
1. What steps should I take immediately after a car accident in South Carolina?
After ensuring everyone's safety, call 911 to report the accident and request medical assistance if needed. Move vehicles out of traffic if possible and safe to do so. Exchange contact and insurance information with the other driver, and gather contact details of any witnesses. Document the scene by taking photos of vehicle positions, damages, and relevant road conditions. Even if injuries seem minor, seek medical attention promptly, as some symptoms may appear later. Notify your insurance company about the accident as soon as possible to begin the claims process.
2. Is it necessary to report a minor car accident to the police in South Carolina?
Yes, South Carolina law requires that any accident resulting in injury, death, or property damage exceeding $1,000 be reported to law enforcement. Even if the accident seems minor, it's advisable to file a report to have an official record, which can be crucial for insurance claims and legal matters. Failing to report such accidents can lead to penalties and complications in the claims process.
3. How long do I have to file a car accident claim in South Carolina?
In South Carolina, the statute of limitations for filing a personal injury claim resulting from a car accident is generally three years from the date of the accident. It's important to initiate the claims process promptly to ensure evidence is preserved and to comply with any specific deadlines set by your insurance policy. Delays can jeopardize your ability to recover damages.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
