So, what are five common mistakes that people unfortunately make after they get hit in a car crash? My name is Kenneth Berger, and I want to make this video so you can potentially avoid committing any of these mistakes if someone else, by no fault of your own, crashes into you.

The first one is giving a recorded statement to the other person's insurance company. You don't have to do that. If any insurance adjuster tries to claim that you have to give them a recorded statement, and it's someone who works for the insurance company of the person who hit you, just know that's not true. You can be cooperative, but you certainly don't have to give them any type of recorded statement.

Likewise, you don't have to sign a blanket medical release form. They might want the medical records and bills that you have after the collision to see what treatment you've gotten and how much it costs. That you can do, but just be very careful reading over any type of medical release that the other person's insurance company sends you.

The third thing that we see a lot is when someone gets in a car wreck and the medical providers they go to—the hospital, the family doctor, whomever, the physical therapist—these medical providers don't want to file your bills with your health insurance company. Here's the short version: if you have health insurance, use it. All these people should be in your health insurance network, and if they're in your insurance network, they've got to file your bills with your health insurance company. That will save you a lot of money.

Fourth thing, please don't talk about your wreck or anything else on social media. What we tell clients is, look, anything you say on social media can and probably will be held against you in a court of law. If you want to post something just letting family members know that you're okay or doing better, that's one thing, but usually, that's best done through a text message because the stuff that goes on social media gets twisted and turned on. Its head the way that lawyers like to do with stuff. So be careful on that.

And the last thing, number five, I encourage you to at least speak with a lawyer and have them review any type of release or what's known as a covenant not to execute that the other person's insurance company may be sending you. Before you sign any releases when it comes to money that an insurance company is sending you, just let a lawyer look at it. A lawyer will look at it for free—most lawyers will look at that kind of thing for free—so speak with them before putting your signature on it.

If you have any other questions about a car crash or any other type of legal case, reach out, give us a call, and we'll answer those questions the same way that we've tried to address some of the common errors so that people can help avoid them and be treated fairly when it's all said and done. Thanks.

What To Do At The Scene of the Accident After a Crash

  1. If you are able, move all the cars involved in the wreck out of traffic and to a safe space, such as the shoulder of the highway or a nearby parking lot.
  2. Turn on your hazard lights and distance yourself from the road to ensure that you and everyone involved in the wreck are not in danger of being hit by passing cars.What to Do At the Scene After A Car Crash
  3. If there are injuries, call an ambulance. If you are not sure whether someone needs emergency medical services, it is always best to call anyway.
  4. Call the police. No matter the severity of the accident, you should call law enforcement to ensure a police report is written up. This will come in handy during the insurance claims process and can help establish who is at fault. Even if you think the policeman has assigned fault to the wrong person, you should still present the police report to your insurance company and your lawyer. The accident report isn’t admissible in court and is certainly not the end-all, be-all proof in a civil case.
  5. Collect information, including:
  • Name and contact information of the other driver, all passengers, and any witnesses that may have pulled over to help you.
  • Description of the vehicle that hit your car. (Make, model, year)
  • The driver’s license number of the other driver.
  • License plate information.
  • The name of the other drivers’ insurance companies and their policy numbers.
  • Location of the accident. If you are on the interstate, look for a nearby mile marker or exit. If you are in a town or residential area, be sure to look for businesses, house addresses, and nearby cross streets.
  1. Take photos. Make sure to take photos of your car and any other cars that were involved in the accident. Take pictures from multiple angles (if safe) to provide a full idea of what damage occurred.
  2. Do not admit fault or apologize. Although you may think it's proper manners to apologize in an accident situation, this is often misconstrued as admitting fault.
  3. Make note of how the other driver is acting and what they are saying. You may be able to gather clues about the real cause of the accident if it appears that the other driver was driving under the influence or driving distracted. If you do notice something reckless, be sure to tell the police once they arrive. Some questions to think about include: Can you smell alcohol on their breath? Are they stumbling at all or slurring their words? Did they mention that they weren’t paying attention? Did they say anything about texting and driving, or “only taking their eyes off the road for a second?

How Is Fault Determined After a Car Accident?

Determining who should be held legally and financially responsible for the accident can be confusing. Drivers may point fingers at each other or try to wrongfully pin the blame on one another.

However, establishing fault after an accident is important because insurance companies use fault to determine who will be responsible for covering the damages caused by the wreck.

“Fault” in a car accident refers to any negligent action that caused the accident. Examples of driver negligence include:

Seeking Medical Care After a South Carolina Car Wreck

If you’ve been injured in a car accident, your health and recovery should be your top priority above all else. We advise our clients to always do whatever they feel is best for their unique situation and medical needs after an accident. However, we understand that you may have questions about health insurance, how to pay for your medical care, and when to see a doctor. Here are three things you should know about seeking medical care after a car wreck in South Carolina.

  1. You should visit whatever doctor you feel most comfortable with and who can best treat your injuries. If you’ve been injured in a car accident, you should always seek medical attention as soon as possible. Whether you visit the emergency room or your primary care physician, it is important to seek medical care quickly after a wreck so you can get on the road to recovery. Learn more about how to find the right doctor after a car crash and what to say to them here.
  2. You should file all accident-related medical bills with your insurance provider if you have health insurance. If you don’t, you may face the same outrageously high charges as people without health insurance face. You may, however, owe health insurance liens, which means you have to pay your health insurance back for some of the money they paid out to cover your medical bills. An experienced car accident attorney can help negotiate down what you owe to the health insurance company. Learn more about health insurance liens here.
  3. If you don’t have health insurance, a car accident attorney can help you seek compensation to help pay for your medical expenses. If an attorney helps you recover money either from trial or settlement, those proceeds will be used to pay back your medical bills. Learn more about how to pay medical bills after a car wreck here.

What It’s Like Working with Our Car Accident Attorneys at the Law Office of Kenneth Berger

At the Law Office of Kenneth Berger, we take pride in getting to know our clients and putting them first in everything we do. We work hard to make sure our clients are treated fairly by the insurance companies, receive the proper medical care they need, and have the chance to seek a full, fair settlement for their losses.

Our attorneys understand how devastating a car accident can be and we treat our clients with the respect and compassion they deserve during this difficult time. When you work with our firm, we navigate the legal system for you so you can prioritize your health and recovery. We are here to help you hold the negligent driver both legally and financially responsible for the harm they’ve caused.

At our firm, we also believe that every client deserves our complete time and attention. We take on a limited number of cases so we can fully devote the necessary energy and resources that each client deserves. Furthermore, we only take on clients that we believe we can truly help. Our goal is not to simply profit off of people experiencing tragedy, but rather to help people seek justice in their time of need.

Our attorneys commit themselves 100% to our clients’ best interests. We take pride in helping them seek the justice they deserve, and we would be honored to work with you if you’ve been left injured and looking for answers after a South Carolina car wreck.