When a car accident occurs, you may be overwhelmed by the traumatic incident, which can make it difficult for you to remember the events leading up to the crash. This can make it challenging to determine fault. South Carolina follows an at-fault model of comparative negligence when it comes to car accidents. Essentially, this means that as long as you are less than 50% responsible for the accident, you are legally entitled to file a claim against a negligent party to seek compensation for your losses. Determining who was negligent in a car accident can be complicated. Insurance companies investigate the facts of an accident to identify who was at fault for the collision. Keep reading to learn how insurance companies determine fault in a car accident. In addition, please don’t hesitate to contact a skilled Chesterfield County Car Accident Lawyer who can help you seek monetary compensation for your damages.
How do insurance companies figure out who was at fault in a car accident in South Carolina?
Insurance companies employ insurance adjusters to examine the facts of an accident to determine fault. They will investigate the circumstances that led to the accident. This includes whether either of the motorists involved in the collision violated a traffic law that caused the accident. They will investigate all aspects of the accident to determine who was negligent. Insurance companies will:
- Obtain and review the police report
- Assess photos of damages
- Conduct interviews with motorists and witnesses
- Inspect the vehicle involved in the collision
- Attempt to review your medical records
Ultimately, the insurance company will investigate all pertinent evidence available to determine who was at fault for the collision.
Should I avoid speaking to an insurance adjuster?
After a car accident, you will most likely be approached by an insurance adjuster. An adjuster will ask you several questions regarding the accident during an interview. Adjusters approach victims quickly after an accident because they do not want to give you enough time to speak to a lawyer. They want to offer you a lowball settlement to resolve the case quickly and save their employer a substantial amount of money. Following a car accident, it is imperative to speak with a lawyer to understand how much your damages may be worth. You should refrain from speaking to an adjuster and avoid accepting any settlement offers until you have consulted with a qualified lawyer. Adjusters are not on your side. They want to discredit your claim. Any statements made to an adjuster can be used against you which can hurt your chances of recovering financial compensation for your damages. It is in your best interest to retain the legal services of an experienced Chesterfield County car accident lawyer who can help you understand your rights and legal options.
In the unfortunate event that you have been injured in a car accident, reach out to one of our determined and trusted team members. Our firm is committed to helping our clients navigate the complexities of this legal process.
