Florence Hit-and-Run Lawyer: After a collision, be aware of your rights, next steps, and choices for compensation.
Hit and Run accidents can result in personal injury, monetary liability, damage to your vehicle, and not knowing what party is going to be held accountable for all of those expenses. Understanding your options under Personal Law will help you protect your rights following a serious car accident when searching for a hit-and-run lawyer in Florence, South Carolina, in Florence, SC.
What Is a Hit-and-Run Accident?
A hit and run accident happens when a motorist flees an accident scene after hitting another vehicle or person, but does not provide the required assistance. The required assistance includes but is not limited to:
- Stopping at the scene of the accident;
- Identifying yourself;
- Assisting injured parties;
- Reporting the accident to law enforcement.
What to Do After a Hit-and-Run
Get to Safety and Seek Medical Care
When possible, move off of the roadway. If there is a person who has sustained a serious injury, or if you find yourself in danger, contact 911 immediately. Some injuries can be hidden and only become apparent over time; consequently, if you start to experience illness symptoms, seek medical advice from a physician.
Report the Accident
As soon as the accident occurs, notify the local police. You should give the police the exact time of the accident, location, direction the other vehicle was traveling and all possible details about the accident that you can remember. Any partial license plates, color, make or model of the other vehicle would also help the police identify the driver of the other vehicle. Also, make sure to keep a copy of your report number.
When a driver can’t be identified, timely reporting is important. The conditions that must be fulfilled in order to file certain kinds of uninsured motorist claims pertaining to collisions caused by unidentified drivers are outlined in South Carolina Code § 38-77-170.
Preserve Evidence
If safe, take pictures of the damage to your car, any debris, the road condition, and the accident scene. Get contact information from witnesses, identify any nearby surveillance cameras and save your dashcam video.
Notify Your Insurer
Report to your insurer right away so they can tell you what types of insurance you are covered for. Your collision insurance will likely pay for damage to your car, while your uninsured motorist insurance may pay for other qualified losses. Whether or not you will receive payment from your insurance company depends upon the specifics of your policy, the dollar limit of the policy, supporting documents/evidence, and relevant laws.
How a Hit and Run Lawyer in Florence Can Help
An attorney who is familiar with handling auto accident claims in South Carolina will assist you by gathering and preserving evidence; reviewing your insurance policy’s coverage; organizing the documents needed for your claim; communicating on your behalf with your insurance company; and explaining what options you have available. If the identity of the driver of the other car in the accident is known, an attorney can determine whether you may pursue a claim against that person. However, no attorney can guarantee that the other driver will be found or that you will obtain compensation for the damages suffered as a result of the accident.
If the driver is never located, can you still receive compensation?
Possibly. South Carolina has laws that require all motorists to have uninsured motorist coverage. If you are involved in a hit-and-run by an unknown driver, and your incident qualifies under the law as a “qualifying” hit-and-run, then your insurance company may cover your claim. There are several requirements for a hit-and-run to qualify for uninsured motorist benefits.
First, the accident must be reported to the police within a reasonable period of time. Second, the hit-and-run must meet at least one of three conditions:
- Physical contact with the unidentified vehicle;
- Testimony from an independent witness who can verify the identity of the unknown vehicle; or
- Some type of recording device that shows the unknown vehicle causing injury or property damage.
Also, if the insured failed to make attempts to find the identity of the other driver or vehicle, this may affect his ability to recover through uninsured motorist benefits.
Not every hit and run is eligible for coverage. Read your automobile insurance policy, and get assistance from a South Carolina lawyer.
What Compensation May Be Available?
Depending on the evidence, law, and coverage, possible losses may include:
- Accident-related medical expenses.
- Lost wages and, where applicable, reduced future earning capacity.
- Vehicle repair costs or its qualifying value if totaled.
- Certain damages for pain and suffering, where legally recoverable.
No guarantee of compensation is provided. The details of your claim, the evidence you offer during the trial, and the scope of your insurance coverage will determine whether or not you can get compensation for your injuries exists for the person or company who caused your harm, and the legal principles that govern your type of case.
Lawyer Fees and Choosing an Attorney
The use of contingency fees (usually based on a percentage of what you recover) is common among some attorneys who handle personal injury cases. Inquire about the attorney’s fees and other related costs for your case. Review the written contract prior to signing it.
An attorney should be chosen that has knowledge regarding South Carolina accidents and uninsured motorists. Questions should be asked concerning their experience, communication, fees and how much time they will spend on your case. Do not choose someone who promises you a set dollar amount as a settlement.
Important Deadlines
South Carolina generally provides a three year time frame in which individuals can file a lawsuit for damages resulting from an auto accident, although there are a number of exceptions and variations to that general rule. In addition to that, the reporting requirements for insurance companies will be different depending on which state you reside in.
As such, it is essential that you report the collision to the correct authority, let your insurance provider know about the collision at once, keep all of the information related to the collision, and find a lawyer to represent you as soon as possible.
FAQs
What if the driver is never located?
You can still pursue benefits under your qualifying uninsured motorist coverage. However, whether or not you are able to receive those benefits will depend upon several factors including:
- The amount of evidence available to support your claim;
- The terms of your automobile insurance policy; and
- Any relevant legal requirements.
Is it necessary for me to hire an attorney?
You may want to hire a lawyer if you were hurt, had your claim turned down, or suffered a large economic loss.
The types of evidence used to support a claim may include:
- Police reports;
- Photographic evidence;
- Witness contact information;
- Medical records;
- Damage estimates; and/or
- Audio/visual recording.
Key Takings
The first thing to do is focus on obtaining medical assistance for yourself as well as any other parties that may be injured. Next, report the incident to the police department and gather evidence about how the event occurred. Lastly, contact your automobile insurance carrier as soon as possible.
Your lawyer in Florence (who specializes in hit-and-run accidents) can assist you in understanding potential legal courses of action to receive compensation, as well as the limit of your insurance coverage and any relevant deadlines for submitting documents.
This is an introductory article about the city of Florence, South Carolina. It does not contain any form of legal advice. For assistance with your particular circumstances, we recommend consulting a lawyer who has been admitted to practice in the state of South Carolina.
Additional Resources
- South Carolina Code of Laws, Uninsured Motorist Claims: Explains requirements for uninsured motorist claims involving hit-and-run accidents.
- South Carolina Department of Insurance, Automobile Insurance: Provides information about auto insurance coverage, including uninsured motorist protection.
- South Carolina Bar, Get Legal Help: Helps readers find legal assistance and lawyer referral services in South Carolina.