By Ron Cox
If you drive long enough, sooner or later you will be in an accident. If and when you do have the misfortune to be involved in an accident, what should you do? The following is some information based upon the law in South Carolina.
If you are in an accident, do not leave the scene. It is illegal to leave the scene of an automobile accident that involves property damage or injuries. You should stop your vehicle as close to the scene of the accident as possible without obstructing traffic. You must cooperate with the investigating officer, but you should be aware that any statements you make can be used against you. Even if you think you might be at fault, do not admit fault or sign any statements at the scene. Although the investigating officer is supposed to obtain necessary information, that does not always occur. You should obtain the names and addresses of all other drivers, the occupants of other involved vehicles, and any witnesses. Obtain written statements from the witnesses if they are willing to provide one.
After the accident you will have a form (FR-10) which must be filed out to prove that you have liability insurance as required by law. Most often you can forward this form to your insurance company, and they will complete it and return it for you. You must cooperate with your own insurance company in its investigation of the accident. You have do not have an obligation to give any statements or sign any forms for the other driver’s insurance company. Any statements that you give could be used against you later.
If you are injured you should seek medical attention promptly. Any delay in seeking medical attention may later be used against you to suggest that you are exaggerating your injuries or that the injuries occurred from some other event besides the accident. If you have visible injuries such as cuts or bruises, you should take good qualify photographs of the injuries.
Many insurance companies will try to settle claims quickly if injuries are involved and they believe their insured is at fault. Accepting a low ball, quick settlement can result in you receiving less than fair compensation and can be a serious mistake if the long term effect of your injuries turns out to be worse than you expected. Once you sign a release, you normally will be barred from seeking any further compensation even if the settlement was ill advised.
It is a good idea to at least consult an attorney before accepting any settlement. An experienced attorney can seek compensation that includes recovery for any permanent physical disability, pain and suffering, medical expenses, lost wages, and lost future income if your future earning capacity is impaired. In addition to pursuing a claim with the insurance company of the at fault driver, your attorney can determine whether you may be entitled to recover additional money under your own insurance policy in some situations. Most attorneys offer free initial consultations in injury cases and handle such cases on a contingency (percentage) fee basis.
