What To Do After A Car Crash When You Think You're At Fault In South Carolina

Two drivers talking about the car accident they are involved in.

Were you involved in a South Carolina car wreck? If so, you might wonder what steps to take before and after leaving the scene. A car accident lawyer can coach you through what to do and what not to do.

 

What Steps Should I Take at the Scene of a Car Crash in South Carolina?

If you’re involved in a car accident in South Carolina, staying calm and taking immediate steps to manage the situation effectively is essential. These steps are important for keeping yourself safe and laying the groundwork for any insurance claims or legal actions you pursue later. Here’s what you should do while you’re still at the scene of the collision:

Check for Injuries

First, check on the well-being of everyone involved in the crash, including any passengers, pedestrians, and occupants of other vehicles if you can access them. If anyone has injuries, call 911 immediately to request medical assistance. Do not try to move anyone who is seriously hurt unless there is an immediate threat to their safety, such as a fire. Quick and thoughtful action can make a significant difference in the outcome of emergency medical situations.

Secure the Scene

Next, secure the accident scene to prevent further collisions and ensure the safety of bystanders and other drivers. If your vehicle is in a position that could lead to another accident and is safe to move, carefully relocate it to the side of the road. If moving the car isn’t possible, activate your hazard lights to alert approaching drivers to slow down. Keeping the scene secure reduces the risk of additional incidents and allows emergency vehicles to maneuver more effectively if and when they arrive.

Exchange Information

Once you have addressed immediate safety concerns and secured the scene, exchange necessary information with the other driver(s) involved in the crash. Collect their:

  • Full name
  • Contact information
  • Driver’s license number
  • License plate number
  • Insurance policy details, including the provider name and policy number

If there are witnesses who saw the accident happen, approach them and politely ask for their contact information as well. These details will be essential for future insurance claims and might be necessary if legal issues come from the collision.

Document Everything

After you have gathered information from other involved parties and witnesses, document the condition of the accident scene. Use your smartphone or a disposable camera to take detailed pictures of all vehicles involved, focusing on their relative positions and areas where damage occurred. Snap photos of the overall crash scene, road conditions, and any landmarks that identify the location, including traffic signals and street signs.

Also, make detailed notes of environmental conditions, such as the weather, lighting, and road quality at the time of the collision. This thorough documentation can provide critical evidence when dealing with insurance companies.

Contact the Police

If you haven’t already called 911, notify your local police of the crash so they can respond to the scene and create an official report. In South Carolina, you must immediately report any car accident that results in injuries or fatalities. Officers responding to the scene can secure the area and get emergency assistance as necessary. They can also document the facts, interview involved parties and witnesses, and include their findings in an official report. Police accident reports can provide reliable, third-party perspectives and are often necessary for insurance claims.

car crash

What Should I Do After the Accident?

Once you’re away from the accident scene, you should shift your focus to prioritizing your health and preparing for any insurance claims or legal proceedings. Here are the steps you should take:

Seek Medical Attention

If you didn’t already receive emergency care after the collision, seek medical attention as soon as possible, regardless of how you feel. Many common car accident injuries, such as concussions and internal wounds, might not show symptoms right away. Visit your doctor or an urgent care facility promptly for a thorough check-up. When you speak to the doctor, mention that you were involved in a car wreck and describe all your symptoms in detail. The medical records they generate will provide vital evidence if you decide to make an insurance claim or file a lawsuit.

Contact a Lawyer

Once you have taken care of your health, your next step is to consult an experienced car accident lawyer. An attorney can help you understand your rights and determine what to do next. They can also offer helpful advice on what information to share and what to withhold during initial discussions with insurance representatives.

By securing legal representation early, you gain an advocate who can negotiate on your behalf and pursue fair compensation for your injuries. A lawyer can also shield you from common pitfalls that might undermine your position in claim negotiations or legal proceedings.

Notify Your Insurance Company

Next, you should notify your insurance company about the crash. This step is essential, as most auto insurance policies require immediate or timely reporting of car accidents to maintain claim eligibility. When you contact your insurer, provide a factual report of the accident, following your lawyer’s guidance and avoiding any statements the adjuster could interpret as admissions of fault. Without going into detail, you should share the basics of what happened, the date and time, and any contact and insurance information you got from other drivers.

Organize Your Documentation

You should also create and maintain an organized record of all documentation related to the collision. This includes:

  • A copy of the police report
  • Records of correspondence with your insurance company
  • Medical records and bills
  • Repair receipts
  • Documentation for any other expenses you incur due to the accident

If you miss work during your recovery, get copies of pay stubs or bank statements reflecting your income losses, too. Store these documents in a secure yet accessible place. Having this pertinent information readily available will be useful for reference during your recovery and any future claims.

Keep an Eye on Your Health

As you recover from your injuries, keep a close watch on your health. Sometimes, symptoms of injuries from car accidents can take time to manifest. Do not hesitate to seek further medical evaluation if you experience new symptoms or if your initial symptoms worsen. Attend all follow-up appointments your doctor schedules and follow all recovery plans they recommend. Continue to document your health status and any treatments you receive, as this information will be important if a new condition becomes a part of your injury claim.

Start a “Pain Journal”

Begin keeping a daily journal to record all your medical appointments, the levels of pain you experience, and how your injuries disrupt your everyday activities. This documentation can be helpful in insurance settlements, where evidence of physical and emotional suffering is necessary to prove certain claims. An accurate journal can offer chronological insights into your recovery journey and strengthen your position during negotiations with insurance companies.

Get Vehicle Repair Estimates

If your vehicle sustained damage in the collision, get estimates from several reputable auto repair shops. With multiple quotes, you can shop around for a competitive and fair price and build a strong case for your property damage insurance claim. These quotes provide tangible proof of the financial impact of the crash, which is vital for a smooth claims process.

What Should I Not Do After an Accident?

After a car accident in South Carolina, knowing what not to do is just as important as knowing what to do. Mistakes can complicate your situation, introduce avoidable legal problems, or reduce the compensation you can receive. Here’s what not to do after a crash:

DON’T Leave the Scene Too Early

Never leave the scene of an accident prematurely. Even if you’re not at fault and the collision is minor, leaving before you fulfill specific legal requirements can result in severe penalties – including criminal charges for hit-and-run. It’s crucial to stay at the scene until you’ve completed the necessary steps, like checking for injuries, calling the police, and exchanging information with the other driver. Leaving the scene without fulfilling these responsibilities is against the law.

DON’T Admit Fault

You should never admit fault when speaking to other involved parties or insurance companies after an accident. Even casual, polite apologies can be misconstrued as admissions of liability and used to undermine your injury claim. You should remain neutral and limit your discussions about the crash with other parties. At the scene, focus on exchanging necessary personal and insurance information. Your lawyer can handle discussions of fault later when they deal with insurance adjusters, who will assess the situation based on the available evidence and expert evaluations.

DON’T Share Too Much with the Insurance Companies

On a similar note, refrain from discussing the accident or your injuries with insurance representatives without legal counsel. This includes representatives from your insurance company and the other driver’s. It’s common for insurance adjusters to contact you directly for a statement or details about the wreck. Engaging in these conversations without an attorney can lead to misstatements or unintentional admissions of fault. An experienced lawyer can communicate effectively on your behalf, protecting your rights and preventing you from accidentally providing information that could undermine your position in future negotiations or legal actions.

DON’T Sign Anything Without Your Lawyer’s Advice

Never sign any documents from an insurance company without having your lawyer review them first. After an accident, insurers frequently make quick settlement offers to close cases as economically as possible. These initial offers often do not fully account for all your future medical needs or lost wages. A lawyer can review insurance documents for fairness and advise you on whether to sign them or negotiate for a better offer. Signing anything without legal advice can result in accepting less than you deserve or waiving your rights to further compensation.

DON’T Wait to Seek Medical Care

Do not delay in seeking medical attention after the crash. Ignoring symptoms or postponing a medical examination can harm both your health and any subsequent injury claims. Immediate medical documentation creates a link between the accident and your injuries, which is essential when filing insurance claims or lawsuits. Insurance companies often scrutinize the timing of medical treatment to contest the severity of injuries or their relation to the collision. Timely medical care supports a healthier recovery and strengthens your legal claim.

DON’T Post Anything on Social Media

Avoid posting details about the accident or your recovery on social media. Even seemingly harmless posts can be misconstrued and used against you by insurance companies or in court. For example, discussing how you feel or posting updates about activities you can do might give an impression that contradicts elements of your injury claim.

Insurance adjusters and opposing legal teams often monitor social media posts to find inconsistencies or evidence that could reduce the value of your claim. They are good at using such information to argue that your injuries are not as disabling as you claimed. By keeping these details off social media, you avoid giving the other side ammunition to use against you.

DON’T Try to Handle This on Your Own

Avoid attempting to handle the legal aspects of your car accident claim on your own. The legal issues involved in filing claims, assessing damages, and negotiating settlements are complex and require a professional approach. An attorney with experience in car accident cases can manage legal hurdles as they come and advocate on your behalf to present your case properly and maximize your payout. If you try to handle these matters without legal assistance, you could overlook critical details or make mistakes that compromise your case and decrease your total compensation.

Contact a South Carolina Car Accident Lawyer

If you’ve been in a South Carolina car accident and need help, contact McKinney, Tucker & Lemel, LLC today. We can discuss your case and explain your options in a consultation. Don’t try to handle this alone – let us help you take the right steps to demand the compensation you deserve.

Visit Our South Carolina Car Accident Law Offices

Author: Jim Tucker

After he graduated from the University of South Carolina School of Law in 1987, Jim Tucker joined the law firm of McKinney, Givens & Millar in Rock Hill. He has remained with successor firms at the same location ever since while focusing his practice in the areas of family law and personal injury law. Jim is licensed in South Carolina and North Carolina, and he represents clients in both states at the trial and appellate levels. Jim is also a certified mediator and a highly active member of several state and local legal organizations who once served as President of the York County Bar Association.