Frequently Asked Questions of Car Accidents and the Legal Process in South Carolina

Following are answers to some of the questions frequently encountered by the personal injury attorneys at Peake & Fowler as they advise and represent persons injured in car and truck accidents and other types of personal injury in Columbia and surrounding communities in Richland, Lexington and Kershaw counties. If you have other questions or need immediate help with a personal injury claim, call Peake & Fowler at 803-788-4370, or contact us online to schedule a free consultation.

What do I do if I have been in a car accident?

If anyone involved in the accident needs emergency medical attention, call 911. If you know First Aid, you can assist others while waiting for help to arrive, but remember that you should never move an unconscious person unless it is absolutely necessary. The police should also be called in any accident involving personal injury or significant property damage. If the accident occurred in a high-traffic area, you may want to move the cars to the shoulder, if it is possible and safe to do so. Meanwhile, exchange insurance information with the other driver, along with names, addresses, and license plate and driver’s license numbers. While you should share the name of your insurance company and your policy number, do not offer information regarding what type of coverage you have or how much. Likewise, do not make any statements that may sound like you are admitting fault or responsibility for the accident.

As soon as possible after the accident, schedule a visit with your doctor for an examination, and contact an experienced South Carolina personal injury attorney. It is best if you talk to a lawyer before you talk to an insurance company, although remember that you must report the accident promptly in order to retain your rights under your insurance policy if you are sued by the other driver, for instance.

What kind of compensation can I recover in an automobile accident or other personal injury?

Compensation for personal injury, known as “damages,” can include present and future medical expenses, including costs of rehabilitation, prescription drugs, therapy, etc. You can also recover lost income for the time you missed from work, as well as lost income for the future if you are permanently disabled from working or can only work at a diminished earning capacity compared to before the accident. You can also recover for so-called “noneconomic damages” such as pain and suffering, emotional distress, and mental anguish. Where appropriate, the responsible party may also be assessed exemplary damages, which are awarded to make an example of the defendant for particularly bad conduct which society simply cannot tolerate. There may be other types of damages available in your particular case that your attorney can discuss with you.

Can I still recover compensation for my injuries if I am considered to be partly at fault in causing the accident?

Yes, so long as you are not more at fault than the other driver. The insurance company may decide that you are partly to blame for causing the accident, or if you are in court, the jury may make this determination. In either case, a percentage of fault can be attributed to you and the other party or parties. As long as more than 50% of the fault is not allocated to you, you can recover against another negligent party, although your award will be reduced by the percentage of blame attributed to you. Whether in settlement talks or litigation, it is very important to have strong legal representation to ensure that you are not unfairly saddled with blame that does not appropriately belong to you.

What is an SR-22 certificate?

If your driver’s license is suspended because you were driving while uninsured or for another reason, then you must file an SR-22 certificate as proof of financial responsibility in order for your license to be reinstated. Getting auto insurance with an SR-22 is generally more expensive than conventional liability insurance, but your options are limited. South Carolina law requires you to maintain the SR-22 certificate for three years after the end of your suspension.