Dealing with a car accident can be overwhelming: from injuries to insurance claims to car trouble, there is so much to figure out. But for most people, knowing the steps to get your vehicle repaired and back on the road is the first step to getting back to work, school, and normal life.
Knowing the steps and following this list can make the process smoother. Here’s a comprehensive guide on what to do after a car accident in South Carolina.
1. Ensure Safety and Document the Accident
Immediately after the accident, check if everyone is safe and call 911 if there are any injuries. While waiting for emergency services, document the accident scene:
- Photos: Take pictures of the damage to all vehicles, road conditions, and any visible injuries.
- Information Exchange: Exchange contact and insurance information with other drivers.
- Witnesses: Collect contact details from any witnesses.
- Police Report: Obtain a copy of the FR-10 form prepared by the police officer.
2. Report the Accident
South Carolina law requires you to report accidents involving injury, death, or property damage exceeding $1,000.
- Obtain The Form: In most cases, a police officer will fill out the South Carolina Traffic Collision Report Form (FR-10) and the parties have to submit it to the South Carolina Department of Motor Vehicles (SCDMV).
- Read More: For detailed instructions, refer to our blog post about the accident form. We’ve also published an in-depth guide to car accidents.
3. Contact Your Insurance Company
Notify your insurance company about the accident as soon as possible. Provide them with:
- Accident Details: Description of the incident, location, time, and involved parties.
- Documentation: Photos, FR-10 police report, and contact information of witnesses. Your insurance company will guide you on the next steps, which may include filing a claim.
- Avoid Providing a Recorded Statement: If injuries are involved, you should avoid agreeing to a recorded statement without first getting advice from an attorney.
4. Negotiate with Insurance Companies
Dealing with insurance companies can be challenging. It’s important to understand your policy and the at-fault driver’s insurance policy. Here’s what you need to know:
- Filing a Claim with Your Insurance: If you have collision coverage, you can file a claim with your own insurer, who will then seek reimbursement from the at-fault driver’s insurance through subrogation. If you make a claim under your collision coverage, you will have to be prepared to pay your deductible (which might be reimbursed to you later).
- Filing a Claim with the At-Fault Driver’s Insurance: This can avoid out-of-pocket expenses like deductibles, but may take longer due to liability investigations.
5. Seek Legal Advice
Consulting with a personal injury attorney can be beneficial, especially if you’ve suffered injuries. At Proffitt & Cox, we can help you navigate the legal complexities and ensure you receive the compensation you deserve. A lawyer can assist with:
- Negotiating with Insurance: Ensuring you get a fair settlement.
- Legal Representation: Representing you in case of litigation.
- Advising on Rights: Informing you about your rights and options.
6. Get Medical Attention
Even if you think your injuries are minor, seek medical attention as some injuries may not be immediately apparent. Common injuries like whiplash or internal injuries can manifest later. Keep records of:
- Medical Visits: Documentation of all doctor visits.
- Treatments: Details of prescribed treatments and medications.
- Expenses: All medical bills and related expenses.
7. Obtain Car Repair Quotes
Get multiple repair quotes from reputable auto repair shops to ensure you’re getting a fair price. Here’s what to do:
- Estimates: Obtain detailed repair estimates.
- Compare: Look at the quality of service, warranty, and cost.
- Choose: Select a repair shop that provides quality service and guarantees their work.
- Considering Using the Insurance Company’s Preferred Repair Shop: While you can use any shop you wish, there can be benefits to choosing to use the insurance company’s preferred repair shop. Due to the ongoing relationship between the shop and the insurance company, repairs often go smoother with fewer delays, disputes about the charges for the repairs, etc.
8. Understand Your Rights
After an accident, you have the right to have your vehicle repaired to its pre-accident condition. Here’s what this involves:
- Repair Rights: The at-fault party’s insurance should cover repair costs.
- Total Loss: If your vehicle is deemed a total loss, you are entitled to compensation equivalent to the actual cash value (ACV) of your vehicle before the accident.
- Arbitration Process: If you and the insurance company cannot agree on the value of your total loss, consider getting a written appraisal from a dealer. If you still cannot agree, there is an arbitration process available to determine the value of your vehicle.
9. Consider Rental Car and Storage Costs
If your vehicle is undrivable, you may need a rental car while it’s being repaired. The at-fault driver’s insurance should cover these costs. Additionally:
- Rental Coverage: Verify rental car coverage with the insurance company.
- Storage Fees: Insurance should cover reasonable towing and storage fees.
10. File a Diminution in Value Claim
Even after repairs, your vehicle may lose value due to its accident history. You can file a diminution in value claim with the insurance company to compensate for this loss. Here’s how:
- Assessment: Get an assessment of your car’s post-repair value.
- Claim Filing: Submit this assessment to the insurance company.
- Negotiation: Negotiate the diminution in value compensation.
11. Follow Up on Your Claim
Stay in touch with the insurance company processing the claim and the repair shop to ensure the process is progressing smoothly. Keep track of:
- Communications: Document all interactions and updates.
- Delays or Issues: Note any delays or problems and address them promptly.
- Final Inspection: Inspect your vehicle after repairs to ensure all work is done correctly.
Dealing with the aftermath of a car accident can be daunting, but following these steps can help you get your car fixed and back on the road as efficiently as possible. If your accident involved injuries and you want advice or representation, contact Proffitt & Cox for experience you can trust.
For more information or a free consultation, contact us at Proffitt & Cox, LLP today. We’re here to help you through every step of your recovery process.