Best Practices for Handling Insurance Claims After a Kingstree Car Crash
Contract law controls your obligations to your auto insurance company. If your contract requires you to report all accidents and file claims within 30 days, you must generally do so or risk forfeiting your benefits. South Carolina does not set a deadline for filing insurance claims after an accident, but you are required to file a traffic accident report with the DMV within fifteen (15) days if police do not respond to the scene.
Experienced car accident lawyers generally recommend filing any insurance claim within 24 hours. This not only preserves your right to demand compensation from your uninsured or underinsured motorist policies, but it also allows your insurance adjuster to quickly gather evidence. Consider submitting the following evidence to your insurance company, as your adjuster might advocate for you with the other driver’s insurer:
- Photographs
- Witnesses’ names and contact information
- Videos
- Police report
- ER discharge papers
- Other driver’s insurance and contact information
- Pay stubs indicating lost wages
By submitting this information immediately, you have a higher likelihood of obtaining needed financial damages. Generally, it’s in your best interest to have a Kingstree personal injury lawyer prepare and submit these documents on your behalf. Your attorney may do so without charging you any upfront legal fees or out-of-pocket costs, only getting paid if he recovers financial compensation for your serious injuries.
Time Limit for Filing Insurance Claims v. Filing Personal Injury Litigation
Even if you don’t file an insurance claim, you might still sue the negligent driver for your injuries within three years of the accident (S.C. Code Ann. § 15-3-530). This is the personal injury statute of limitations in South Carolina. However, failing to file a liability insurance claim might prejudice you during litigation. The judge might question the seriousness of your injuries if you refused to claim damages from the insurer. She might also question the reasoning behind why you refused to file the claim, such as whether you believed you were at fault. A dedicated car accident lawyer in Kingstree can still help you sue the negligent driver for damages within three years, especially if your injuries worsened over time.
Get Legal Help Filing a Car Insurance Claim in Kingstree
Sometimes, people make the mistake of thinking that their car accident case is simple and that there is no question about who is at fault. Thinking this is a mistake because insurance companies are for-profit companies that will take advantage of any reason they can to avoid giving you the compensation you deserve.
If you have concerns about your insurance rates or rights after a serious South Carolina car accident, a Kingstree personal injury attorney from the Oxner & Stacy Law Firm can help. We offer free and confidential case consultations and can guide you in the right direction after a traffic accident. Do not hesitate to contact our dedicated legal counsel for help after your Kingstree car crash. To schedule a consultation, contact us online or call (843) 983-2306 today.