Calling the police after a motor vehicle accident is almost always in your best interests. Even if you believe the accident is seemingly minor, having law enforcement officials respond to the accident scene can offer valuable evidence that can support your case with the insurance company or at trial. Unfortunately, many injury victims make the mistake of failing to call the police after a car accident.
When this happens, not only could you face criminal penalties, but your potential insurance and personal injury claims could be impacted. You may miss out on the just compensation you are due. Your dedicated North Charleston car accident lawyer with Shelly Leeke Law Firm strongly encourages you to report your car accident to the police as soon as possible after the accident if you hope to protect your future and your right to total reimbursement for your damages.
How to File a Police Report
Filing a police report does not need to be difficult. If you call law enforcement at the accident scene, they will arrive to help clear the roadways, make note of the facts and evidence, and file your police report on your behalf. From there, you can request a copy of the police report through the responding department.
Your personal injury lawyer in North Charleston can also seek these documents as part of our investigation into the cause of your accident. Generally, these police reports will be available within several days of the accident. However, if you are having trouble obtaining a copy of your police report, you can turn to your legal advocate for guidance and support.
If you did not file a police report immediately after the accident, that does not mean there is not one existing. A witness may have contacted the police who responded, for example. However, if several days have gone by and you do not believe a police report has been filed, do not hesitate to contact the local police department to find out what you need to do to get a police report and documentation of the accident.
When You Are Required to Report a Car Accident in South Carolina
Under South Carolina law, not every car accident needs to be reported. In fact, the law states that only in instances of injuries, wrongful death, or a minimum of $1,000 in property damage, car accidents need to be reported. However, many people underestimate the severity of injuries and the extent of property damage.
It is not difficult for $1,000 in property damages to rack up, even in seemingly minor accidents. It is also common for victims to initially believe their injuries are minor, only to find their injuries are far more serious than expected when their condition deteriorates within several days or weeks of the accident. For this reason, it may be well-advised for you to report your car accident immediately after the incident.
When law enforcement officials arrive at the accident scene, they will be responsible for completing a comprehensive police report. This will include valuable information and evidence that can be used to support your case. Without this evidence, it may be far more challenging than you thought to maximize your settlement.
Potential Consequences of Failing to Call the Police After a Car Accident
There are several potential consequences you could face if you do not call the police after a car accident. These implications could not only affect you personally, but you may also be subject to criminal action and put your right to compensation for your damages in jeopardy. Here are some of the most common consequences of failing to call the police after a car accident:
Criminal Penalties
Failing to report a police accident is not necessarily a criminal offense. However, you could face traffic citations, be accused of committing a hit-and-run, or even have your driver’s license suspended. This is true even if you do not share the blame for the accident.
Shared Blame Claims
When you do not report your car accident to the police, it leaves open the possibility for the defense to blame you for causing the collision. South Carolina operates under a modified comparative fault system. You can expect the defense to use every possible tactic they can to avoid financial liability for your damages.
Lack of Police Reports and Testimony
Testimony from responding officers and a copy of your police report will be valuable types of evidence that can be used when you are attempting to prove liability with the insurance company or at trial. If you do not have these police reports or the police were not called to the accident scene, it may leave doubt in the minds of the judge and jury. While the burden of proof is based on a preponderance of the evidence as opposed to beyond a reasonable doubt, without sufficient police reports and law enforcement testimony, the jury may not believe the evidence clearly demonstrates the defendant’s liability.
The Liable Party Could Get Away with It
Most importantly, if you do not report your car accident, the liable party could get away with it. You could be stuck covering every single expense related to your accident and resulting injuries. If the liable party is not held accountable, not only will you be stuck footing the bill, but they may go on to turn someone else’s life upside down due to their lack of accountability.
Consult South Carolina’s Top-Rated Car Accident Law Firm for Help Today
We can think of few if any, instances where having the local police respond to a car accident did not bode well for the injury victim. Having a comprehensive police report and testimony from responding officers can only help you prove the defendant’s liability for your injuries and suffering. The sooner you report your accident to the police, the stronger your case against the liable party will be.
You do not need to wait to get started on your car accident case either. Reach out to a respected car accident lawyer at Shelly Leeke Law Firm to request a no-cost, risk-free consultation today. You can get started by calling our law office or completing our online contact form.
