According to a recent report published by Forbes Advisor, with 46% of all accidents in the state are caused by excessive speeding. You may be eligible to file a car accident claim if you have been injured in an automobile accident due to another driver’s negligence. Learn what steps to take to file an auto accident claim and see how an experienced personal injury attorney can help guide you through the legal process. A Greenville car accident lawyer could help protect your rights to receive compensation for medical expenses, lost wages, and other damages.
Finding yourself in a car wreck is a stressful and nerve-wracking experience, but amid all of the chaos, knowing what to do and what not to do is important to preserve your rights as a victim. Immediately after an auto accident, your priority is to check for injuries and call 911 if anyone is critically injured and requires medical help.
If there are no serious injuries, you will still want to call the police to report the accident. Even if an officer is not dispatched to the site of the crash, filing a police report is an important step as it can be used to support your claim later on. Keep a copy of the police report for your own records. You will also want to collect other evidence from the crash site, including pictures and videos of the wrecked vehicles and the surrounding area. Write down the contact information of the other driver and their insurance information. If anyone else witnessed the accident, try also to write down their contact information.
It is worth mentioning that you should be careful with what you say at the scene of the accident. You are not required to give any recorded statements and only share essential information if asked by a police officer or by the other driver. Avoid doing things like apologizing – even if you are trying to be polite and considerate, your apology could be used as an admission of guilt and could affect your claim later on. Finally, even if you do not feel hurt, consider getting examined by a healthcare professional, as many car accident injuries (such as whiplash) may take days or weeks to show any symptoms.
The state imposes a legal deadline for car accident victims to take action and file a claim to recover compensation. This legal deadline is called a statute of limitations. You have three years to file a claim for a car accident, counting from the date when the accident took place. While that may sound like a long time, waiting for three years is almost always a bad idea. The longer you wait, the harder it is to recover evidence to strengthen your case, and if the statute of limitations expires, you may be barred from seeking compensation altogether. A car accident lawyer in Greenville could ensure your case is filed before the statute of limitations ends.
If you were hurt in a car wreck, you may be wondering who is responsible for your medical bills and other financial losses. In South Carolina, the liability for personal injury claims (including auto accidents) is determined through the modified comparative negligence law, which says a claimant is allowed to seek compensation for their damages as long as they are not more than 51% at fault for the accident.
For example, suppose your vehicle was struck by a driver who was speeding and crossed a red light. Your car was totaled, and you suffered a few broken bones that required surgery. However, security camera footage revealed that you were engaging in distracted driving and using your phone and therefore did not take any action to try and avoid the collision. The other driver may be determined to have been 80% at fault for the accident, but your percentage of responsibility was 20%. In this case, you are allowed to seek compensation from the at-fault driver’s insurance, but the amount you receive would be reduced by 20%.
In another example, suppose you were turning left at an intersection during a yellow light. You did not wait for the red light before making a turn and failed to see a vehicle approaching at high speed from the opposite direction, causing a collision. The other driver may be at fault for aggressive driving, but it is ultimately determined that you were 55% at fault for making an unsafe left turn. In this case, you would be barred from seeking any compensation according to modified comparative negligence rules. If you were involved in an accident and believe you may be partially at fault for it, contact a skilled car accident attorney in Greenville as soon as possible. Your attorney may be able to help you reduce your liability and still receive fair compensation for your damages.
Depending on the circumstances, the time it may take to settle a car accident claim in South Carolina can vary from a few weeks to a couple of years. It all depends on a number of factors, such as the extent of the injuries and whether the at-fault party’s insurance carrier is willing to cooperate. In some cases, insurance claims are handled quickly, and if the claimant finds no obstacles, they may receive a settlement check in just a few weeks. Cases requiring litigation in court can take considerably longer to settle but may typically yield higher settlements than claims that are resolved out of the courtroom.
When filing a car accident claim, it is important to realize that insurance companies are in the business of making money and may not be inclined to pay the full amount you deserve or may attempt to employ multiple tactics to deny your claim or delay your payments. This is one of many reasons why having a Greenville car accident lawyer on your side is important – your lawyer can help negotiate with the insurance adjuster or company to get the best possible settlement for your case, making sure that your claim is settled as quickly as possible.
After a car accident, it may be hard to think with a clear mind and take the right steps to file your claim. In an ideal scenario, you would be able to file a claim with the other driver’s insurance, answer a few questions and receive a check in the mail a few weeks after your accident. In reality, things almost never go so smoothly.
By working with a Greenville car accident lawyer, you can focus on getting back on your feet and let your attorney handle all the paperwork and communications with the insurance company on your behalf. Once the insurance company knows you are being represented by an attorney, they are often more likely to cooperate as they know you are capable of taking them to trial if needed. Furthermore, if you do take them to court, there may be a strong probability that the insurance company could be ordered to pay you a significantly higher settlement than they would have if your case had been resolved out of the courtroom.
At the Eller Frye Law Firm, car accident victims can get the aggressive legal representation they need to protect their rights to fair compensation and hold the at-fault driver responsible for their negligent actions. If you were hurt in a car accident and sustained damages, it is best not to delay and reach out to our law firm as soon as possible.
Don’t delay, and reach out to the car accident attorneys at the Eller Frye Law Firm and request an initial consultation to discuss your case.
864-740-8540 