We handle automobile accidents, and have a great deal of experience in negotiated settlements and in trials, if necessary.

FEES IN AUTOMOBILE ACCIDENT CASES

Generally, automobile accident cases are handled on a contingent fee basis. In most cases, we charge one-third (1/3) of the amount collected in personal injury cases as our fee. Of course, that means that if we are unsuccessful in making any recovery on your behalf, there would be NO FEE. Contingent fees work well for you, because you know that for every dollar your attorney earns in fee, you get two more in your own net recovery. Besides taking care of dealing with doctors, hospitals, other medical providers and insurance companies, your lawyer has experience in evaluating cases and concluding when it is a proper time to go forward with negotiations, as our fees are well-earned.

NO FEE FOR INITIAL CONFERENCE

We are not entitled to any fee in a contingent fee contract matter until after the retainer agreement is signed. If you schedule an appointment to discuss with us the handling of your case on a contingency basis, there is no fee if you decide not to enter a representation agreement with The Floyd Law Firm. Call, write or e-mail us if you would like to schedule an appointment, or if you have any questions with regard to the foregoing. We can be reached at
The Floyd Law Firm PC,
Post Office Drawer 14607
Surfside Beach, SC 29587-4607
Telephone Number/(843) 238-5141;
E-Mail Address dbfloyd@floydlaw.com

DEALING WITH THE ADVERSE INSURANCE REPRESENTATIVE

There are numerous mistakes you could make in handling your own case. You do not owe the adverse insurance company a statement as to how the accident occurred or how much you think you are injured. What you tell an adverse insurance representative may diminish the amount that they might be willing to offer in settlement, or might ruin your case altogether. Although some insurance representatives act like you must give them authority to obtain your medical information, we do not ever recommend giving the adverse insurance company authority to collect your medical bills and reports. When we handle a case for you, we obtain a medical authorization from you, and we contact your medical providers and we obtain your medical bills and reports.

Another mistake frequently made by people injured in collisions, is stating that they were not injured or not seriously injured or possibly just leaving out some of their injuries and damages. Many people tell an officer at the scene that they are not injured, and find out within a few hours, or even the next day, that they have sustained injuries which may require substantial medical treatment and even prevent them from being able to work. You should take a wait and see attitude, and might tell the officer something like “I am not sure how seriously I am injured at this point. I would prefer not to go to the hospital in an emergency vehicle at this time, but I am not certain now how badly I may be injured”. (Within a short time following a collision, the body may have covered injury and pain by shooting adrenalin through the system. You have probably known people who thought they were not injured, and found out shortly afterwards that they can hardly get out of bed because of injuries sustained in the collision.)

OTHER HELPFUL TIPS

The South Carolina Bar has prepared a pamphlet as a public service, and the following helpful tips are based on the pamphlet prepared by the South Carolina Bar.

Be Prepared
Because accidents happen to even the best of drivers, everyone should be prepared to do the right things immediately afterward. Many legal troubles arising from accidents could he avoided lithe persons involved knew what they should do.

Call A Law Enforcement Officer
Notify the local police department of the accident if it occurs in the city. If the accident occurs outside city limits, notify the County Sheriff's office or the South Carolina Highway Patrol. Even in minor accidents where there are no serious injuries or property damage, notify the authorities immediately. An officer's official report may assist you later if a claim for liability is filed. In South Carolina, the investigating officer gives each driver a form dealing with insurance information. This form is not an accident report although many people mistakenly believe it is.

What To Do At The Scene Of The Accident?
In South Carolina, drivers involved in an auto accident where a person is injured or property is damaged must stop their vehicles at the scene of the accident or as close as possible without obstructing traffic.

If someone is seriously injured, make arrangements for a doctor to come to the scene or call an ambulance. It is best not move an injured person. Good intentions on your part may result in further injury to the victim.

Take all possible precautions to prevent further accidents and ensure the safety of those involved. Station someone to warn any approaching vehicles and, if at night, use flares and reflectors. Use a flashlight if no flares or reflectors are available.

Obtain Names Of Witnesses
Get the names and addresses of any and all witnesses. After writing clown the names and addresses of any witnesses, try to get statements from them as to what happened. If they will, have witnesses write down this information at the scene. The investigating officer will also obtain this information. Always have a pencil and pad. You might want to download this article and the “Accident Information Form” and keep them in your glove compartment.

Take Notes On The Accident

Make your own written notes on all significant circumstances concerning the accident. Complete the accident information form in this pamphlet.

Remain At The Scene

Unless injuries make it necessary for you to leave the scene of the accident, remain there until you have completed all of the following procedures:

Commenting On The Accident
South Carolina law requires the driver of any vehicle involved in an accident to give his or her name, address and the registration number of the vehicle he or she is driving and to show his or her driver's license. Every law enforcement officer who investigates an auto accident must file a written report. You are obligated by law to assist any officer in this investigation by answering questions and discussing the circumstances. Be aware that any statement can be held against you. You should not admit or sign anything even if you think you are in the wrong. You may learn later that you were not at fault or that the other driver was equally at fault.

File Reports
South Carolina requires drivers or owners of cars involved in accidents to report the accident within 15 days to the South Carolina Department of Transportation. The investigating officer will give you a form (FR-10) to fill out to prove that you have the proper liability insurance. This form must be filled out and sent in by your insurance company. Make a copy for yourself before giving it to your insurance agent.

Notify Your Insurance Company
Report the accident to your insurance company. Failure to make a prompt and correct report may affect your rights. If you were injured, notify the company issuing the applicable insurance (accident insurance, hospitalization, etc.) After the accident you have a duty to cooperate with your insurance company; however, you have no duty to give statements or sign any forms given to you by any of the other drivers' insurance companies.
Remember, any statement may be used as an admission of fault. Be cautious in dealing with persons offering to adjust your case or trying to hurry you into a settlement. Once a release is signed, it is very difficult to reopen a case. if the other party or the opposing insurance company offers a settlement or asks you to sign a release, you may wish to consult a lawyer. You can lose valuable rights in signing a release.

Pay Nothing
Do not make or promise to make immediate payment of any kind to the other party. Any such payment would be at your own risk. The other driver cannot force you to make any payment without legal proceedings, nor can the other driver hold your car without legal action. Keep records of all expenses associated with the accident, including doctor bills, time lost from work and any other expenses. Save copies of all bills.
Click here to print-out Accident Information Form