Car accidents are confusing events, and many people are in a state of shock immediately after the incident. Painful injuries also make it hard for motorists to understand the steps they need to take. Some of them simply sit by the side of the road and wait for a cop to come by and help them.
At Swilley Law Firm, LLC, we represent accident victims in personal injury cases. You might have the right to submit an injury claim on a negligent driver’s liability insurance, but you need to take important steps to strengthen your claim. Contact our office to speak with a Murrells Inlet car accident lawyer. Below, we look at what to do after a car accident.
What to Do After a Car Accident: 10 Steps
We recommend you do the following:
1. Immediately stop your vehicle.
South Carolina law requires that drivers involved in a crash immediately stop their vehicles. (South Carolina Code § 56-5-1210.) Even if you are blocking the road, you should stop and get out to check on the other motorists. Then you can get back in and pull your car to the side of the road so you are not blocking traffic.
Anyone who flees the scene has committed a misdemeanor offense, so remember to stop.
2. Check if anyone needs an ambulance.
Ask the passengers in your car if they need an ambulance and call one using your cell phone. You can also check on the passengers in other cars involved, as well as any pedestrians (if they are hurt). You need to prioritize everyone’s health.
Some people ask, “What do I do after a car accident if I’m in so much pain I can’t move?” In that case, ask someone else to call an ambulance for you.
3. Call the Murrells Inlet police to report the crash.
South Carolina Code § 56-5-1260 requires that any driver involved in a crash that causes bodily injury or death “immediately” contact the local police by the fastest means possible. Typically, this means using your cell phone or asking to borrow someone’s phone.
4. Exchange personal information and insurance details with all drivers.
South Carolina law also requires that you swap important information with the other drivers involved in the accident. You should share:
- Name
- Address and phone number
- License
- Registration
- Insurance details
Sharing this information now makes it much easier to file an injury claim. Otherwise, you will need to track down information, which is time-consuming.
5. Speak with witnesses about the accident.
Most accidents are witnessed by at least a few people. Witnesses include other drivers who saw the crash and stopped to render assistance, as well as bystanders.
Ask them if they saw the crash, and then get their name and contact information. Witnesses can help us visualize the accident. A neutral witness (meaning someone not related to either driver) is very persuasive. Insurance adjusters usually consider them credible.
You can also ask any drivers if they have a dash cam in their vehicle. Their camera might have recorded the accident, which is a good detail to know. Your lawyer can request access to the video and use it in negotiations.
6. Photograph the vehicles and the scene.
Photos show how the vehicles collided and the damage they sustained. If possible, get a couple of snaps of the vehicles before you pull them to the side of the road. Otherwise, walk around all vehicles and take photographs of each side. You can zoom in to see all the dents.
There might be other details at the scene that are relevant. For example, a giant tree branch might obstruct the stop sign, or you might hit a gigantic pothole and lose control of your vehicle. Photos will document those road hazards as they existed at the time of your accident.
7. Visit the hospital when you are finished at the crash scene.
Early medical treatment is critical to establishing a solid base for your legal claim. Many people feel kind of “okay” at the scene. Their adrenaline can mask pain. However, you should go to the hospital when you are done with the police and have documented everything. Tell the doctor you were involved in a car accident and share any symptoms.
8. Report the accident to your insurance company.
You should report within 24 hours. Tell them the basic details of the crash: where it happened, the day and time, and the identity of the other motorists involved. You can also share their insurance information.
This basic information helps your insurer open a claim. You should avoid going into depth about the accident.
9. Avoid giving a recorded statement to any insurer.
In the coming weeks and months, the claims adjuster assigned to your case will possibly reach out to talk. They might call you at home and ask how you are feeling. Because they want to understand the accident from your point of view, they might ask that you give a recorded statement. Essentially, they will ask you questions and record your answers for future use.
You should politely decline to give any type of statement. Chances are, you are in pain and not thinking clearly. Any mistake could hurt your case.
Insurers are often digging for evidence that your negligence contributed to the crash. Under South Carolina law, your own negligence will reduce any compensation you receive. Some accident victims even lose the ability to seek any compensation.
10. Decline to accept a settlement until you hire a Murrells Inlet Car Accident Attorney
Some insurance companies reach out within a week or two to quickly settle a case. They are most interested in getting injured victims to accept small settlements. Let a lawyer review the proposal and then negotiate to bump up the amount of compensation offered. The first offer is rarely the best our clients can get.
Bonus Step: Contact Our Office to Schedule a Consultation
Injured accident victims benefit by having an established law firm in their corner. Contact an experienced attorney at Swilley Law Firm, LLC. We can meet for a free consultation to go over the accident and your injuries. We have helped many people hurt in the 29576 zip code and nearby areas.