At McDougall Law Firm, we are dedicated to providing top-notch legal representation to individuals in Beaufort and throughout South Carolina. With over 15 years of experience, our team has successfully handled a wide range of personal injury cases, including car accidents, medical malpractice, and wrongful death claims. Our goal is to guide our clients through every stage of the legal process, ensuring they receive the compensation they deserve for medical expenses, lost wages, and pain and suffering.
The moments after a car accident in Beaufort can feel chaotic and uncertain. Pain, shock, and pressure from insurance calls can make it hard to focus. However, the steps taken immediately can shape the outcome of a car accident claim. Quick, smart action can make the difference between a weak payout and a strong car accident settlement.
In this blog, we’ll go through the essential steps to take after a car accident in Beaufort, how to protect their claim, and why working with an experienced Beaufort car accident attorney can help secure a fair and full settlement.
Step 1: Seek Medical Attention Immediately
Getting medical help right after a car accident is the first and most important step for protecting your health and your car accident settlement.
Immediate Medical Care Protects Your Health and Claim
Go to the emergency room or urgent care, or see your doctor as soon as possible. Some car accident injuries like internal bleeding or spinal cord injury may not show symptoms right away. A prompt medical exam creates a record that connects your injuries directly to the car crash. This is vital for building a strong personal injury claim.
Medical Records Support Your Car Accident Case
Medical records are key evidence in most car accident cases. They show the extent of your injuries, the cost of your medical treatment, and how the injury affects your daily life. These documents help your car accident lawyer prove economic damages and non-economic damages such as pain and suffering and emotional distress.
Delays Can Hurt Your Settlement
If you wait too long to get care, the insurance company may argue that your injuries were not serious or were caused by something else. This can reduce or even eliminate your chance at a fair car accident settlement. In South Carolina, the law expects injured parties to act reasonably after an accident, including getting treatment without delay.
Step 2: Report the Accident to the Police
Reporting the car accident to law enforcement creates a neutral, written record that can support your car accident claim.
Police Reports Are Key Evidence
A police report documents what happened, who was involved, and any visible property damage or bodily injury. This report often includes statements from drivers and witnesses, diagrams of the scene, and the officer’s initial assessment of fault. It’s one of the first things an insurance adjuster or car accident attorney will review when evaluating your case.
South Carolina Law Requires It
Under S.C. Code § 56-5-1260, drivers in South Carolina must report any auto accident that causes injury, death, or property damage over $1,000. In a serious Beaufort car accident, failing to report it may violate state law and weaken your personal injury claim.
Helps Establish the At-Fault Driver
The police report can help your lawyer identify the at-fault driver, which is critical in car accident settlement discussions. It often includes details the other driver’s story may leave out. If the other party changes their version later, the report can serve as strong evidence to challenge false claims.
Step 3: Gather Evidence at the Scene
Collecting clear evidence at the scene of a car accident can give your car accident lawyer a strong foundation to build your case.
Take Photos and Videos Immediately
Use your phone to take wide and close-up shots of the vehicle damage, your car accident injuries, skid marks, road signs, and the position of the cars. Visual proof helps show how the car crash happened and supports your version of events. These images can help prove property damage, weather conditions, or hazards that contributed to the wreck.
Get Witness Contact Information
If anyone saw the accident, get their name and contact details. Neutral witnesses can confirm what happened, especially if the other driver’s insurance company tries to shift blame. Their testimony may be critical if the case goes to court or if the insurance company disputes liability.
Document Every Detail You Can
Write down the time, location, and any statements made by the other driver. Take a photo of their license plate, driver’s license, and insurance coverage information. The more you document, the easier it is for your attorney to prove fault and push for a fair car accident settlement.
Step 4: Do Not Admit Fault or Discuss the Accident
What you say after a car accident can be used against you during the car accident settlement process.
Avoid Admitting Fault at the Scene
Do not apologize or say anything that could be taken as admitting blame. Even a simple “I’m sorry” may be seen as an admission of fault by the insurance company or in court. South Carolina uses a modified comparative negligence rule (S.C. Code § 15-38-15), which means if you are found to be more than 50% at fault, you cannot recover damages. Saying the wrong thing early can reduce or eliminate your ability to claim financial compensation.
Let the Legal Process Determine Liability
Do not argue with the other driver. Do not try to explain what happened. Just stick to the facts when speaking with police. Your car accident attorney will review the police report, witness statements, and other evidence to handle the issue of fault. Let your legal team speak on your behalf to the insurance adjuster and other parties involved.
Be Careful What You Say Later
Avoid talking about the accident on social media or with anyone outside of your lawyer or doctor. Even private comments can be discovered and used against you during the car accident settlement process. Insurance companies look for any reason to lower the value of your car accident claim.
Step 5: Notify Your Insurance Company, But Be Careful
You must report the car accident to your auto insurance provider, but what you say matters.
Report the Accident Promptly
Call your insurance company soon after the accident. Give them basic facts: time, location, and the parties involved. Be clear and direct. Do not guess or make assumptions about fault or injuries. Your policy likely requires timely reporting, and delays could affect your insurance coverage.
Avoid Giving Too Much Detail
Do not offer opinions or say anything that might be used to limit your car accident settlement. Avoid saying you feel fine, as some car accident injuries appear days later. Stick to facts and let your car accident attorney handle anything beyond the basics.
Do Not Talk to the Other Driver’s Insurance Company Alone
The other driver’s insurance company may contact you quickly. They may ask for a recorded statement or try to get you to accept an initial settlement offer. Do not speak with them without your car accident lawyer. Their goal is to protect their bottom line, not your recovery.
Let Your Lawyer Handle All Further Communication
Your experienced car accident lawyer can speak directly with all insurers involved. This protects you from mistakes and ensures your words aren’t twisted. It also helps keep the focus on securing fair compensation for medical expenses, lost wages, pain and suffering, and more.
Step 6: Consult with a Car Accident Lawyer
After a car accident, seeking guidance from a qualified car accident attorney is crucial to protect your rights and pursue fair compensation.
Legal Knowledge in South Carolina Law
An experienced Beaufort car accident lawyer understands South Carolina’s traffic laws and the tactics used by insurance companies to minimize payouts. This knowledge is vital for building a strong car accident claim.
Handling Insurance Negotiations
Insurance adjusters often aim to settle claims quickly and for less than you deserve. A skilled car accident attorney will manage all communications with the insurance company, ensuring you don’t accept an inadequate settlement offer.
Building a Strong Case
Your lawyer will collect essential evidence, such as police reports, medical records, and witness statements, to support your personal injury claim. This thorough approach strengthens your position in seeking fair compensation.
Contingency Fee Basis
Many car accident attorneys, including those at McDougall Law Firm, operate on a contingency fee basis. This means you pay no upfront costs, and legal fees are only collected if your car accident case is successful.
Step 7: Keep Records of All Medical Treatment and Expenses
Documenting your medical treatment and related costs helps prove the value of your car accident claim.
Track Every Medical Visit and Prescription
Save records from the emergency room, urgent care, follow-up appointments, and any specialist visits. Keep copies of prescriptions, treatment plans, and referral notes. These records confirm the seriousness of your car accident injuries and show the ongoing impact on your health.
Document Medical Expenses and Out-of-Pocket Costs
Keep receipts for medical bills, co-pays, physical therapy, transportation to appointments, and medical equipment. These expenses show the true financial cost of your injury and support your case for economic damages during the car accident settlement process.
Include Proof of Lost Wages
If your injuries forced you to miss work, keep pay stubs, doctor’s notes, and employer letters to show lost wages. This information helps your car accident attorney seek full financial compensation for both current and future income loss.
Helps Prove Pain and Suffering
Detailed records also help calculate non-economic damages, such as pain and suffering or emotional distress. A complete timeline of treatment gives a clearer picture of how the car crash disrupted your life.
Step 8: Be Patient and Avoid Rushing the Process
A quick car accident settlement may seem tempting, but it often leads to lower financial compensation.
Do Not Settle Before Understanding the Full Impact
Some car accident injuries take weeks or months to fully show. If you settle too soon, you risk accepting less than your claim is worth. Wait until your doctor gives a full diagnosis and treatment plan before discussing any settlement offer with the insurance company.
Insurance Companies Use Time Pressure
Many insurance adjusters try to push fast settlements. Their goal is to close the case before the full cost of medical treatment, lost wages, and long-term effects are clear. Do not let pressure affect your judgment. Your car accident attorney can handle these discussions and protect your rights.
A Strong Case Takes Time
Gathering evidence, reviewing medical records, and calculating damages takes time. Your car accident lawyer will use this time to build a case that reflects the true value of your personal injury claim. Most car accident cases settle, but a strong case often results in a better car accident settlement.
Contact an Experienced Beaufort Car Accident Lawyer Today!
If you’ve been injured in a car accident in Beaufort, it’s important to act quickly and protect your legal rights from the start. The insurance company may not take your side, but our team at McDougall Law Firm will. We have the experience, resources, and determination to hold the at-fault driver accountable and fight for the compensation you deserve.
Contact us at 843-438-4386 for a free case consultation today!
