Getting a Fair Shake After a Car Accident

It’s a beautiful day in Woodruff and you’re sitting in your car at a stop light, minding your own business and enjoying the music on the radio and the air conditioning flowing out of your dashboard. The light turns green and you remove your foot from the brake and begin to accelerate into the intersection. Then you feel it, almost before you see it – another car coming the opposite way and trying to beat the light slams into the front of your car. When you come to a stop – and come to your senses – you look around and ask, “What do I do now?” This article is designed to guide you through the basics of how to answer that question.

First, you should check yourself, the passengers of your vehicle, and those in the other vehicle to be sure that everyone is OK. If anyone is injured, do what you can to help and call the paramedics. Next, call the police. It’s always nice to give someone a break by reaching a “gentleman’s agreement,” but many people have been taken advantage of in this way. When the
officer arrives, be honest regarding how the accident occurred. However, if you don’t know or don’t remember something, simply say so and don’t guess. The officer will prepare a report based on his or her observations and the statements taken from the parties and witnesses and he will also likely declare one party to be at fault. This determination, and the report itself, are not admissible at trial, but they will go a long way with the insurance adjusters when the time comes to discuss payment of a claim.

While you are at the scene, it is a good idea to take note of a few things. First, try to get contact information from any witnesses.  Officers generally do a good job investigating an accident, but they sometimes overlook information. Once the scene is cleared and everyone has gone on their
way, your opportunity to learn of witnesses is gone for good. Second, it may be helpful to take some photos of the scene before the vehicles are moved. Though the officer will draw up the accident on his report, the recreation is no substitute for the real thing.  Photos may be useful later in proving your case.

In the days following the accident, you should contact the other driver’s insurance company and make a claim. If they agree to accept the claim, they will send a representative to examine the vehicle and give you an estimate. Consider this estimate, but be sure to have your vehicle assessed by an independent person as well.  In particular, it is important to determine whether your vehicle has frame damage – if so, the cost of the repair will increase dramatically. This is not something you want to discover after you have settled your case.

It is likely that – no matter how clear the liability – the insurance adjuster will want to take a statement from you regarding how the accident occurred. In my experience, no good can come of this.  South Carolina is a comparative negligence state, meaning that the liability of a party is
reduced by any fault on the part of the party harmed. I have seen adjusters use very mundane comments taken from statements to reduce the injured party’s compensation significantly.

You are entitled to be compensated by the other driver’s insurance company for (1) the property damage to your vehicle, (2) the loss of use of your vehicle while the vehicle is being repaired, and (3) any personal items damaged in the collision (such as a Garmin or iPod). Bear in mind that the insurance companies have their own computer programs for valuing your vehicle.

Ask to see a copy of the results and you will likely find that it uses former fleet and rental vehicles as comparison. Don’t fall for this valuation. With regard to loss of use, the insurance company must provide you with a rental vehicle (or the equivalent value) for a reasonable period of time while your car is in the shop. If your car was totaled in the collision, you must be given a rental vehicle for a reasonable period of time so that you can shop for a new vehicle.

Once you reach an agreement with the insurance company, the adjuster will send you a check but will expect you to sign a property damage release. Be sure that this release only gives up your property damage claim and not all claims related to the accident.

With these comments in mind, you can attempt to negotiate and resolve your property damage case. However, it is always a good idea to consult with a lawyer who specializes in personal injury cases to be sure that you are getting a fair shake.  And if you suffered an injury in the accident, speaking with an attorney is a must.