- June 9, 2023
Car accidents can be overwhelming and traumatizing. The aftermath of a car accident is often filled with confusion, physical injuries, emotional stress, and financial burdens. In South Carolina, filing a car accident claim can help you recover your losses and receive compensation for damages suffered in the collision.
However, there are costly mistakes that you should avoid when filing your car accident claim. In this blog post, we will discuss these mistakes to ensure that you get the maximum possible compensation for your case with the help of an experienced Greenville car wreck attorney.
How the Modified Comparative Negligence Principle Affects Your Claim
The modified comparative negligence principle is a crucial factor that affects your car accident claim in South Carolina. This principle considers the extent to which each driver was at fault for the accident, and it affects how much compensation you can receive.
Under this principle, if you are more than 50% responsible for the collision, then you cannot recover any damages from the other driver. However, if your share of fault is less than or equal to 50%, then your compensation will be reduced proportionally according to your percentage of fault.
For instance, if a court finds that you were 30% at fault for the accident and awarded $10,000 in damages; then your compensation would be limited to $7,000 after reducing it by 30%.
Starting from this key aspect, an experienced Greenville car wreck attorney advises any accident victim to protect their chances of getting a fair compensation amount by following these rules:
Do Not Leave the Accident Scene before the Police Arrive to Investigate
If you’re involved in a car accident, one of the biggest mistakes you can make is leaving the scene before the police arrive to investigate. It may seem like a good idea to leave if no one appears to be hurt or if there’s minimal damage, but it’s never advisable.
Not only is it illegal to flee an accident scene under South Carolina law, but also failing to wait for the authorities could seriously hurt your chances of winning compensation later on. When you stick around after an accident occurs, police officers will gather evidence and make detailed reports about what happened.
These official reports are crucial pieces of evidence that can help prove fault and liability during insurance negotiations or legal proceedings. Without them, it’ll be much harder for you to demonstrate what actually occurred during the crash.
Do Not Accept Money From the Other Driver
In the aftermath of an accident, it’s not uncommon for the other driver to offer you money as a way to avoid involving insurance companies or authorities. However, accepting this money is one of the costliest mistakes you can make when filing a car accident claim in South Carolina.
Firstly, accepting money from the other driver may prevent you from recovering compensation for any additional damages that become apparent after leaving the scene of the accident.
Secondly, but most importantly perhaps – by accepting cash directly from another driver involved in an auto collision incident without seeking any professional advice could potentially leave you vulnerable and shortchanged financially than what you deserved according to law.
Do Not Delay Seeking Medical Care
One of the biggest mistakes people make after a car accident is delaying seeking medical care. Even if you feel fine, it’s important to get checked out by a doctor as soon as possible. Delaying medical treatment can not only put your health at risk but also hurt your chances of winning compensation.
When you delay seeking medical care, insurance companies and opposing lawyers may argue that your injuries are not severe or were caused by something other than the accident. They may use this argument to deny or reduce your claim.
Furthermore, some injuries might take time to manifest symptoms. For example, whiplash can take several days for symptoms such as neck pain and headaches to appear. If you wait too long before getting examined, it becomes difficult to prove that the injury was caused by the car accident.
Additionally, delaying medical care could worsen your condition over time. What seemed like minor discomfort might turn into severe complications down the road. Seeking timely medical attention can help prevent further damage and ensure proper treatment plans are put in place.
Do Not Wait Too Long Before Filing Your Claim
After a car accident, it’s important to take action as soon as possible. Waiting too long before filing your claim can hurt your chances of receiving compensation for damages and injuries caused by the accident.
Insurance companies have strict deadlines for filing claims after an accident. In South Carolina, you generally have three years from the date of the accident to file a claim. However, it’s best not to wait that long because evidence can become difficult to find or may even disappear over time.
Moreover, waiting too long may make it harder for witnesses to remember important details about what happened during and immediately after the crash. Memories fade with time, so it’s essential that all relevant information be gathered as quickly as possible.
Therefore, if you’ve been in a car wreck and believe someone else was at fault, don’t wait any longer than necessary before taking legal action and seeking compensation through a Greenville car wreck attorney who will help protect your rights!
Do Not Negotiate With the Insurance Adjuster on Your Own
Negotiating with insurance adjusters on your own can be a costly mistake after a car accident. It may seem like the easiest and quickest way to settle your claim, but it may not always result in receiving fair compensation for damages.
Insurance adjusters are trained professionals who work for the insurance company and their main goal is to save money for their employer. They will do everything possible to minimize the amount of compensation you receive, including using tactics that may intimidate or confuse you.
Moreover, they have access to resources such as lawyers and experts that can give them an advantage over unrepresented individuals.
In addition, having legal representation sends a message that you are serious about obtaining fair compensation for your losses. This often results in higher settlement offers since insurers know they cannot take advantage of you by offering low-ball settlements.
Let a Greenville Car Wreck Lawyer Win Your Compensation!
If you or a loved one have been involved in a car accident, it’s crucial to avoid the costly mistakes mentioned above when making your claim. Being aware of what not to do can be just as important as knowing what to do. Remember that insurance adjusters may try to minimize your compensation, so it’s essential to seek help from an experienced Greenville car wreck attorney.
An experienced attorney can provide legal guidance and ensure that you receive fair compensation for your damages and losses. They know how to navigate the complex legal system and negotiate with insurance companies on your behalf.
Don’t let a car accident ruin your life. Call us at 864-310-7897 to schedule a free case review as soon as possible after your accident!
