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When it comes to auto accident claims, there are several factors that may have a significant impact on the outcome of your case. Among those factors, police reports and expert witnesses often play a crucial role in determining liability and providing objective evidence.

The Power of Police Reports

In an auto accident case, a police report can hold a lot of weight. Police reports serve a number of purposes, including:

Providing a Detailed Account

Police reports are comprehensive accounts of the accident. They often provide vital information regarding the parties involved, the location, and the circumstances of the incident. Plus, they document important details such as the weather conditions, road conditions, and witness statements, which can have significant impact on the determination of fault.

Objectivity and Credibility

Police officers are trained professionals, and they approach the scene of an accident with an impartial and objective mindset. They are tasked with evaluating the evidence, interviewing witnesses, and making objective observations. As a result, their reports carry a lot of weight in legal proceedings, giving your claim more credibility and strengthening your position in negotiations.

Official Documentation

Having an official police report of the auto accident adds further legitimacy to your case. Insurance companies, judges, and juries often rely on these reports to gain a clear understanding of what transpired at the scene. Police reports serve as concrete evidence of the events and resulting damages and can increase your chance of a favorable outcome.

The Influence of Expert Witnesses

Along with police reports, expert witnesses can also have a vital role to play in terms of determining fault and liability in an auto accident. The benefits of an expert witness to support your claim include:

Specialized Knowledge

Expert witnesses such as medical professionals, accident reconstruction specialists, or automotive engineers possess specialist knowledge and skills that can provide an invaluable insight into your case. They can analyze the accident, assess injuries, and determine the extent of the damages accurately, helping to establish a strong claim foundation.

Enhanced Credibility

An expert witness can bring an extra layer of authority and credibility to your case. Their professional opinions are often highly respected and can sometimes be behind swaying the opinions of insurance adjusters and judges. By presenting testimony that is well-founded and based on undeniable evidence, an expert witness can improve your claim’s strength and increase the likelihood of a result in your favor.

Clarification

Auto accidents may often involve intricate details and medical terminology that can be challenging for non-experts to understand. An expert witness can simplify and clarify these complex concepts, ensuring that everybody involved clearly understands the full extent of the damages, how the accident occurred, and the impact on the victims.

The Role of Legal Representation

Police reports and expert witnesses serve as powerful tools to tip the scales in your favor when pursuing an auto accident claim. At William J. Luse, we work with expert witnesses, police, and other professionals to help you get the compensation you deserve after an auto accident. Navigating this process can be complex and overwhelming, so let us take over on your behalf. You can find us at:

917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795.

2020 saw over five million reported auto accidents. This number has only grown in 2023, with vehicle collisions remaining one of the leading causes of both death and injury in the country. There are too many reasons to count that are driving this catastrophic data, like drunk drivers, distractions on the road and poor weather conditions, so when an incident does take place, how is fault determined? Navigating the claims process feels impossible without the support of an experienced attorney on your team, especially when there is a dispute raised in the claims process. Here is some advice that will help anyone in this position.

When a Claim is Outright Rejected, What Are Your Options?

If you have filed a claim and it is rejected after being reviewed, it is only natural to feel a little overwhelmed and hopeless too. However, that doesn’t have to be the end of the matter and you do have the power to challenge the decision if you feel there is just cause and reason.

Check Your Policy Documents

Your insurance policy documents are the terms and conditions set forth by the provider. They stipulate any and all conditions in which a claimant is able to proceed with a filing, and this is where you need to look first. If you think that you do have the right to claim but no one is listening, dedicate an hour or two to sifting through the fine print and understanding the legality of it all. Your documentation will provide the answers as to whether or not you have a valid reason to pursue the dispute.

Hire an Attorney

With an attorney by your side, navigating the whole process is far easier. They are the best person possible to enable a fair outcome and will fight in your corner if they see a reason to do so. With the help of an experienced law professional, the hard work is done for you, and nothing will be missed because they know exactly what to look for to bring a claim to the right conclusion. They will also be able to give you legal guidance on what to say, how to act, and what you will need to support your dispute notion.

File Official Notice of a Dispute

With an attorney by your side and insight leading the way, it is time to file a dispute if you still believe there is valid reason to do so. Give official notice that you wish the decision to be reversed and state your reasons. It is now in the hands of the insurance company to proceed how they see fit.

Why do Claims Get Rejected?

If you understand the top reasons why claims get rejected, it will also empower your process regarding disputing a negative decision too.

One: You Are Claiming Too Much

Every auto insurance policy out there has a limit regarding what you are able to claim remuneration wise. If you are asking for more damages than your policy allows, this is grounds for fairly instant rejection by your insurers. It may be a case that you need to pay the agreed excess amount before a claim is released, or you have to re-file with a lower amount.

Two: You Broke a Law of the Road

There are lots of commonly known laws that dictate what drivers can and cannot do behind the wheel. For instance, it is unacceptable to drive while inebriated, text while you are in charge of a vehicle, or speed. These three things alone are leading causes of auto accidents so if the insurer deems you liable in any way because of these things, your claim will be null and void. You can dispute this, but it will require a lot more evidence and will probably end up in court proceedings.

Three: The Timings Don’t Add Up

The Statute of Limitations must be considered when filing any insurance claim. If you wait too long, the insurance company will not process the filing at all and there is not a lot you can do about it because you didn’t act soon enough.

Three: Lack of Medical Input

If you are claiming that you sustained injuries because of another driver, but you did not seek medical support at the time of the accident, this will always be called into question. If there is no proof that your injuries happened or were treated, then insurance companies won’t entertain this.

What Happens Next?

If a claim is denied, and you have successfully raised a dispute, what are the next steps? The case will be passed on for arbitration. This is an opportunity to discuss the situation with your insurance company with a third-party mediator present. If you manage to make your voice heard during arbitration, it could be a great way to stay out of court. If you don’t want to participate, you don’t have to, but it will make the process more complicated when it inevitably arrives in court.

When Arbitration Fails, What Now?

If no resolution is found, it may be the case that more evidence is needed about the collision or simply that the insurance company wants to take their chances in court. The dispute will be presented to a jury who will then determine which side is successful and whether or not there is a strong enough case to award the claim. Your attorney may call upon witnesses, discuss the details of the accident at length, and provide all the ways that the insurance company is failing to uphold their obligation as your provider.

Going to court is not very common when it comes to car accident disputes because it takes a long time, costs a fair amount of money and is quite stressful for everyone involved. If you live in a state with comparative fault policies in place, the insurance payout will be determined by your portion of blame in the collision.

Insurance disputes are common, but there are routes forward, especially with the support of an attorney. Visit our offices today to get the conversation started.

William J Luse, 917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795.

Motorists must exercise caution while driving for the safety of themselves, any passengers in their cars, other drivers and passengers, and pedestrians. It would be great if every driver took their duty seriously, but unfortunately, some motorists make poor decisions that can be dangerous for everyone else.

Cell phone use, especially texting, is a major distraction for drivers. Texting and driving can lead to serious car accidents and injuries.

Is Texting Distracting?

Yes, texting while driving is a distraction. According to the National Highway & Traffic Safety Administration, distracted driving was the cause of more than 3,000 car accident fatalities in 2020. Anything that takes a driver’s eyes off the road, where they should be focused, creates a considerable risk of causing an accident and harm to the driver and others.

The Virginia Tech Transportation Institute conducted driving studies to research risky driving behaviors. In one study, they found that, out of all cell phone use, texting had the highest risk of leading to an auto accident. Additionally, the risk of a collision to drivers of heavier vehicles who texted while driving was 23.2 times as high as motorists who drive without being distracted.

When a driver reads or sends a text, it takes their attention and eyes away from the road for about five seconds. While it may seem like a minimal amount of time, a lot can happen in five seconds. In just five seconds, you could travel 100 yards, or nearly the length of a football field, if you’re driving at a moderate speed.

Additionally, the diversion of a driver’s attention from the road to their phone has effects that are similar to driving while intoxicated. Research shows that motorists who are texting while driving were delayed in their braking, while intoxicated motorists were aggressive with their braking. A study concluded that texting and driving could be just as dangerous as intoxicated driving. If you have pressing questions about your case, don’t hesitate to contact our legal team today.

Motorists don’t just risk causing a serious car accident and injury to others when they’re texting while the car is moving. It’s also dangerous for drivers to text while they’re not actively operating their vehicles. It may seem harmless, but texting while stopped at a red light encourages further distraction while actively driving. In the 2015 “National Survey on Distracted Driving Attitudes and Behaviors,” the NHTSA states that roughly 36 percent of motorists use their phones while they’re stopped at a light or stop sign, and of that 36 percent, almost all of them continue using their phones when they start actively driving again.

Texting and driving is such a danger and has been such a frequent cause of serious car accidents that there are laws in almost every state prohibiting motorists from doing so. For example, in South Carolina, if a law enforcement officer suspects that you’re texting and driving, they can pull you over and issue you a ticket for which you’ll pay a $25 fine.

What to Do if a Texting Driver Caused Your Accident-Related Injuries

If you’ve been injured in a car accident that was someone else’s fault, you need to get medical attention right away. Car accident injuries can be severe, and the fate of your health, life, and ability to recover could depend upon immediate medical care. The medical care you receive for your injuries will also serve as crucial evidence in your personal injury claim and, if necessary, your personal injury lawsuit.

When you file a personal injury claim, you need to provide evidence of your injuries. The medical care you received will be documented in your medical record. Your medical record will serve as proof of your injuries, the extent of your injuries, and the financial costs associated with your care. It’s also helpful to maintain any medical documentation, including bills, you receive in case you need to use them in your claim or lawsuit.

As soon as you can, hire a personal injury attorney. There are several steps that you should and shouldn’t take leading up to filing your personal injury claim or lawsuit. An experienced car accident attorney will be able to help you navigate this process and make sure that you’re taking the proper steps to have a strong, valid case so you can obtain the compensation you deserve.

Contact the Law Office of William J. Luse, Inc. Accident & Injury Lawyers to Help

The Law Office of William J. Luse, Inc. Accident & Injury Lawyers can help you seek compensation if you’ve been seriously injured in a car accident that wasn’t your fault. Call our Myrtle Beach car accident attorneys today at (843) 839-4795 to schedule a confidential consultation.

After sustaining injuries in a car accident that wasn’t your fault in South Carolina, it is important to keep track of several documents so that you can submit them to the insurance company of the driver who is liable for the crash. If you are missing any of these items, resolving your claim may be more difficult and might take longer as well.

Fortunately, having a Myrtle Beach car accident lawyer on your side is a great way of ensuring that you can gather and submit all the documents you need. These will include:

Witness Statements

It is important to gather copies of any witness statements that you or the police took in the immediate aftermath of the crash. These statements may be in written form, such as in a written statement or a police report, or in the form of recordings, such as on a police officer’s dashcam. The latter should be obtainable via a Freedom of Information Act request.

Police Report

If police officers responded to your automobile accident, they will have made an incident report. The report will contain information about the collision, including the date and time when it occurred, the road and weather conditions, and information about any witnesses. The report should also contain a visual diagram of the accident.

Photographs of the Accident

Photos can be an important way of providing insurance representatives with visual evidence of the accident. While it is common for multiple people to take pictures at the scene of the accident, we recommend that you take your own photos as a means of protecting yourself.

Medical Records and Bills

Your medical records will have detailed information about the cause and extent of your injuries, as well as about any treatment that you had because of them. It can sometimes be costly to obtain these records, but they are necessary. Insurance companies will sometimes refuse to thoroughly evaluate your case without them.

The medical bills associated with your injuries will reflect the impact of the accident on your personal finances. Be sure to maintain a list of all your medical providers, as well as the receipts and invoices for your treatment so that insurance companies or courts can assess the correct amount of compensation for your injuries.

Tickets Associated with the Accident

If the party at fault contests their traffic ticket, you may want to attend the trial so that you can help prevent the dismissal of their ticket. If the at-fault motorist says anything that could be conceived as an admission of guilt, such statements could be used against them in your claim for fair compensation.

Work Schedules

If your car accident injuries caused you to miss work, make sure that you maintain a detailed schedule of the time you were not working as well as a record of your lost wages.

Medicaid or Medicare Card

If Medicaid or Medicare has paid medical bills relating to your injury, they may have a lien on your settlement (see 42 U.S.C. §1395y(b)(2) and § 1862(b)(2)(A)/Section and § 1862(b)(2)(A)(ii) of the Social Security Act). Determining whether they do have a lien and in what amount is often a protracted and challenging process. However, this is something that an experienced car accident lawyer can do on your behalf.

Your Car Insurance Policy

According to the South Carolina Department of Insurance, auto insurance is required by law for all drivers in the state. The policy must include liability insurance for bodily injury and liability insurance for property damage. You also need uninsured/underinsured motorist coverage, which protects you in the event that you are involved in a collision with someone whose insurance cannot cover the costs related to the incident. Your lawyer will need to review a copy of your car insurance policy. This will allow them to understand what type of coverage you have, how much the coverage is worth, and any exclusions that may apply.

Contact a Myrtle Beach Car Accident Attorney Today

If you have been injured in a car accident and are considering filing a claim against the responsible party, it is important to have an experienced personal injury lawyer on your side from the beginning of the process. It is likely that the at-fault driver’s insurance adjuster will attempt to call you and offer a quick and easy settlement that is worth far less than what you deserve. Inform them that you are not prepared to talk with them without first speaking to your lawyer.

The seasoned and knowledgeable South Carolina car accident attorneys of Law Office of William J. Luse, Inc. Accident & Injury Lawyers will fight for your best interests and help you ensure that you have all the appropriate documentation needed to make your claim as strong as possible. Contact us today at (843) 839-4795 for a free consultation.

In personal injury cases, most attorneys work on a “contingent fee” basis. In this scenario, you agree to
pay your attorney a percentage of your award if you are victorious instead of an hourly rate. There are no
up-front fees required to hire an attorney.
If your attorney wins your case, the contingent fee is typically in the range of 33–40 percent of the amount
recovered. If you lose your case, your attorney does not get paid—no award, no contingent fee. The
contingent fee frequently does not include charges for court  lings, deposing witnesses, making copies of
medical records, and so forth. Those costs will come out of the recovery amount if you are successful. If
you lose the case, you may be responsible for those charges.
There are differences in contingent-fee arrangements from attorney to attorney. One big one is whether
your attorney deducts the costs and expenses from your recovery amount before or after he/she is paid
the contingent-fee percentage. This point is often negotiable.
Some contingent-fee agreements will operate under a graduated percentage contract. Legal work that’s
more involved (e.g.,  ling a lawsuit and prepping for trial) will garner a higher contingent-fee percentage.
The contingent-fee percentage may be lower if a case is settled prior to  ling a lawsuit.
Contingent-fee arrangements eliminate up-front charges for the client; there are no mounting legal bills
as a case winds through the legal system; lower-income people are afforded greater access to the legal
system to pursue compensation for injury; and attorneys are highly motivated to win their cases…they
don’t get paid otherwise.

If you’ve been injured in an auto accident due to the negligence
of another driver, and your injuries prevent you from
working or reduce your ability to work, you have a right
to recover lost wages. Generally, to recover for lost wages, one of two things must occur: An
injury must be the direct result of the accident, or a pre-existing injury was made worse by the
accident.
To prove lost wages, produce the pay stub from your most recent paycheck prior to your
injury. Tips and non-salary benefits should be included as well. If you are self-employed, you
will need to submit proof of what you would have earned. Keeping detailed, organized records
pays off in these circumstances.
If a motor vehicle accident results in a long-lasting or permanent injury—including chronic pain
or fatigue—that will affect your ability to earn a paycheck, you may have grounds to recover for
“lost earning capacity.” In some situations, you can claim this even if you can work—for instance, if
the injury reroutes you to a lower-paying job.
Proving lost earning capacity can be tricky, as it involves some speculation about the future. At trial, a
financial expert will likely be necessary to crunch the numbers. Your character traits, work habits, education,
and intention to change careers may also be considered. After that, it’s in the hands of a jury, which has
the leeway to determine the final amount you are awarded.
If you have been injured in an auto accident, contact an auto accident attorney to protect your rights.

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