The events immediately after a car accident can be stressful and exhausting. After you report the collision, obtain medical attention for any injuries, and arrange to have your car moved (if it isn’t driveable), you might find yourself unsure of what to do next.
Your attention will likely shift to your car insurance policy—or the other driver’s insurance policy. The at-fault driver’s insurance should cover damages, but in reality, there are several potential roadblocks to collecting your settlement:
- Disagreements over fault. It’s very common for both drivers to state that the other caused the collision. Complicating matters, both parties can share fault, although this does not always bar the injured party from recovering compensation. A driver who is less than 50 percent responsible can recover damages minus their portion of fault. However, the insurance adjuster may not accurately assess how much fault each party has.
- Lack of evidence at the scene. The responding officer tries to determine what happened based on driver and witness statements, but as discussed in the previous section, this can result in conflicting statements. As a result, the officer will examine the scene for evidence such as tire marks or debris, but in some cases, there is little evidence, or it’s also inconclusive.
- Undervaluing your claim. Often, insurance adjusters overlook damages or underestimate their cost to keep your settlement as low as possible.
The best way to deal with these difficulties is to acquire a copy of your police car accident report as soon as possible and review it with a seasoned car accident lawyer.
Where Can I Find a Copy of My Charleston Police Department Car Accident Report?
There are several ways to locate your car accident report:
In Person
You can visit the Charleston Police Department’s Records Division at:
180 Lockwood Drive
Charleston, SC 29403
Please bring a state-issued ID and be prepared to provide information about the accident, including:
- The date and approximate time of the collision
- The location of the accident
- Your name and involvement in the collision
You will be charged $5 for a copy of the report.
By Mail
If you are not close to the Records office, you can mail a request to the above address. Please include the information indicated in the previous section, your phone number, and a check for $5. This option may take several days longer due to mailing time.
By Phone
Another way to secure a copy of your report is to call (843) 577-7434 and select “1” for Records on the recorded menu. The officer will need all the same information listed above so they can find your report.
Online
Once the Charleston PD has forwarded your accident report to the state’s DMV, you can obtain one online. Your driver’s license number, social security number, and date of birth will be required, plus the date and location of the collision.
There is a $6 fee, which can usually be paid online with a credit or debit card.
How Soon Will My Report Be Available?
Usually, reports are available within 1-2 weeks of an accident, sometimes sooner. The time frame can vary depending on how busy the department is.
What if the Charleston PD Can’t Find My Report?
This usually indicates one of the following situations:
- You accidentally gave them incorrect information. It’s surprisingly easy to forget or misremember when or where an accident happened, especially if you’ve been in pain from your injuries, taking medication that makes you groggy, etc. Double-checking all the relevant information may help you find the report.
- The report may not be available yet. If you’re sure the information is correct, you may want to wait a few days and try again.
- Your accident happened outside the city limits. In this case, the responding officer might have been from the South Carolina Highway Patrol (SCHP). Please see our article on how to obtain a SCHP car accident report.
Where Does the Police Report Say Who Is at Fault?
The report does not necessarily state who is at fault, but it will include the responding officer’s opinion of how the accident occurred. As discussed earlier, more than one driver can contribute to a collision.
The report is also based on whatever evidence is available at the scene, which in some cases is very little. For these reasons, the officer is not expected to determine fault single-handedly. Instead, their goal is to identify contributing factors in a collision.
In most car accident cases, one or both insurance companies eventually decide on fault. If both parties make claims, the two companies will negotiate with each other until they reach an agreement.
Often, these negotiations favor the insurance companies’ interests rather than the injured parties’ interests.
Insurance adjusters for both drivers will study the police accident report, paying particular attention to the box for “contributing factors.” There is a long list of potential factors, and it’s common for more than one box to be checked.
Sometimes, both drivers were speeding, for instance. Weather or road conditions could also play a role.
When you meet with your attorney, we’ll also review and discuss the contributing factors. If you believe the officer made a mistake attributing one of these factors to you, we can search for additional evidence.
In some cases, we may be able to find video of the car accident or obtain information from one or both cars’ event data recorders (EDRs). Because a police report is often based on limited data, we can challenge it if we locate evidence that contradicts the report.
If the report indicates that both drivers shared responsibility and nothing appears incorrect, we can accurately assess your percentage of fault. Frequently, the insurance company overestimates an injured person’s level of responsibility, drastically reducing the value of their settlement.
Since most people have no idea how to calculate each party’s fault in a collision, they may accept the insurance companies’ determination without question. Fortunately, your lawyer will know the difference and fight for a fair valuation of your contributions.
How Can I Get Legal Advice About My Car Accident Report?
Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation. If you have trouble finding your South Carolina police report, have questions about fault, or simply want to know your options, we’re always here to help.
There is no obligation, but if you want to move forward with our help, you won’t pay any fees until we win or settle your case. Work with us today when you call (864) 664-3865.
