No one wants to experience a car accident, but knowing how to protect yourself can make a difference in the outcome. Whether preventing injuries, securing evidence, or safeguarding your legal rights, taking the right steps can help you avoid additional issues later.
At Smith Jordan Law, our Greenville car accident lawyers help clients navigate the aftermath of accidents to ensure they are well-protected. Here’s a guide on protecting yourself in a car accident, from immediate actions at the scene to following up in the days afterward.
1. Prioritize safety first
The first step in protecting yourself is to ensure you’re in a safe place. If your car is in the middle of traffic or a dangerous spot, move it to the shoulder of the road if you can do so safely. If your car can’t be moved, turn on your hazard lights and stay inside the vehicle until help arrives. Stepping out of the car in heavy traffic can be hazardous, so be cautious.
2. Check for injuries and seek medical help
After securing your safety, check for injuries. If you or anyone involved has been injured, call 911 immediately. Even if you feel fine, seeking medical attention is crucial. Some injuries, like whiplash or concussions, may not be immediately apparent and could worsen without treatment. Seeking prompt medical help also creates a record of your injuries, which can be valuable if you need to file a claim later on.
3. Call the police and file an accident report
In South Carolina, you are legally required to report accidents that involve injury, death, or property damage of $1,000 or more. Calling the police to the scene ensures that there will be an official accident report, which can be essential evidence in a claim. When speaking to the police, stick to the facts of what happened and avoid admitting fault, as this can impact your case later.
4. Gather information at the scene
To protect yourself legally, gathering as much information as possible is important. Get the following details:
- Other driver’s information: Collect their full name, contact details, driver’s license number, license plate number, and insurance information.
- Witness information: If there are witnesses, get their contact details. Witnesses can provide a neutral perspective if there are disputes about what happened.
- Photos and videos: Use your phone to take pictures of the accident scene, vehicle damage, road conditions, and any visible injuries. Visual evidence can be very helpful in supporting your claim.
5. Notify your insurance company
Once you’re safe and have gathered initial information, notify your insurance company about the accident. Provide them with the details, but be cautious about giving too much information immediately. Stick to the basic facts, as anything you say may later affect your claim.
6. Be cautious when speaking with the other driver’s insurance
If the other driver’s insurance company contacts you, it’s wise to be careful with what you share. Remember that the other party’s insurer may look for ways to reduce the payout. You don’t have to answer every question, and it’s usually best not to provide a recorded statement without first speaking to an attorney. The team at Smith Jordan Law can guide you in handling these conversations to protect your rights.
7. Document your medical treatment and expenses
If you received medical treatment due to the accident, keep detailed records of all related expenses, including hospital bills, medications, and therapy costs. Documenting your treatment ensures you have a clear record of costs, which is important when seeking compensation for medical expenses. Also, keep a journal of how your injuries affect your daily life. This can support a claim for pain and suffering.
8. Understand South Carolina’s comparative negligence law
South Carolina follows a modified comparative negligence rule, meaning even if you were partially at fault, you can still recover for your injuries so long as you were less than 50% at fault. If you’re partially at fault, your compensation may be reduced by your percentage of fault. For example, if you’re found 20% at fault, your recovery will be reduced by 20%. Understanding this rule can help you better approach negotiations with insurance companies and protect your claim.
9. Consult an experienced attorney
An attorney can be an invaluable asset when navigating the complexities of a car accident claim. At Smith Jordan Law, we help clients by reviewing their cases, gathering evidence, and negotiating with insurance companies to pursue fair compensation. A skilled attorney ensures your rights are protected and you don’t settle for less than you deserve.
10. Avoid posting on social media
In today’s digital age, insurance companies and opposing parties may check social media accounts for evidence contradicting your claim. Avoid posting anything related to the accident or your injuries, and be cautious with posts about your daily activities. A seemingly innocent photo or status update could be used against you to argue that your injuries are not as severe as you claim.
Hurt in a crash? We’re here to protect your rights.
Knowing how to protect yourself in a car accident can make a significant difference in the outcome of your case. By following these steps, you can safeguard your health, legal rights, and ability to seek fair compensation. If you’ve been involved in a car accident, Smith Jordan Law is here to help. We have the experience to guide you through each step and protect you fully. Contact us today for a free consultation.
