What to Do If the Other Driver Lies About the Accident
In many car accidents, it is the word of one driver against the other. When conflicting accounts are at play, determining liability can be challenging. If you are in an accident and the other driver fakes injuries, blames you, or files a false police report, it is important to take the appropriate steps to protect your claim. Of course, an essential step is speaking with our Charleston car accident lawyers at John Price Law Firm, LLC.
First Contact the Police
South Carolina law requires you to call the police if there are any injuries, fatalities, or more than $1,000 in property or vehicle damage. However, you should also contact the police when liability is being disputed. If the other driver lies to law enforcement, be sure to get your version of events on record (and notify the officer what the other driver lied about).
The police officer who responds to the scene will file a crash report, which will include the details of the incident, including the date/time/location, vehicles and drivers involved, and who the officer believes is at fault. The report will also provide information on estimated vehicle damage and injury severity. All this information is critical in determining liability and recovering damages. This report will be submitted as part of your insurance claim.
Gather Evidence
If possible, take photos of the accident scene, including the final resting positions of both vehicles, any nearby intersections or cross streets, and any visible injuries. Perhaps even more valuable but often scarcer, video footage will show the accident unfolding in real time.
Potential video footage includes business surveillance cameras, cell phone videos, and dashcams. SC Code §56-5-5000 does permit the use of dashcams, as long as they are not mounted in a manner that obscures the driver’s vision. Additionally, if any eyewitnesses were nearby, you should get their names and contact information. Eyewitnesses can provide an impartial perspective that can help strengthen your credibility.
Subpoena Cell Phone Records
If you saw the other driver using their cell phone right before the crash, our legal team may subpoena their cell phone records. Cell phone records can be useful for providing GPS location at the time of the accident and for providing date/time-stamped call/text logs. Cell phone records can only be accessed in a civil suit; the insurance company will not request them. For the cell phone records to be entered into evidence, the case must center on whether the other driver was distractedly operating the vehicle, causing the crash. However, the other party is within their rights to file a motion to deny the admittance of these records, which will need to be ruled on by a judge.
Notify Your Insurance Company
Since South Carolina is an “at-fault” state, you will be filing bodily injury and property damage claims through the at-fault driver’s insurance. Still, when the other driver is misrepresenting facts, you should notify your own insurance carrier. By reporting accurate information, your claims adjuster can evaluate property damage and the severity of your injuries. Be sure to review your auto policy to understand the best avenue for reporting a claim.
Contact Our Car Accident Lawyer
Our car accident attorneys know that a crash can leave you with thousands of dollars in medical bills, lost income, and significant property damage. Recovering the compensation that is warranted can take several weeks or months, as you go back and forth with insurance. Even when you have provided all the necessary documentation and information, negotiations can be an uphill battle. At John Price Law, our legal team knows which type of coverage to pursue to obtain compensation as quickly as possible. Our team of legal professionals will not quit until you receive adequate compensation to cover the full extent of damages.
Speak with Our Charleston Car Accident Attorneys
If you or a loved one has been injured in a crash, this can be a distressing time. The situation is only worsened when the other driver lies about what happened. Thankfully, our Charleston car accident lawyers have represented numerous clients in this predicament, helping them recover maximum compensation. To schedule your free consultation, contact John Price Law online or by calling (843) 552-6011.