Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.

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How to Get Your Crash Report in Spartanburg

The accident report that police took at the scene may be one of the most important sources of information in your Spartanburg County car accident claim. To get it, go to the Department of Motor Vehicles website and follow the instructions to request a copy of your collision report (SCDMV Form FR-50). You can request a copy online, in person at your area DMV office, or by mail.

Alternatively, if the Spartanburg Police Department responded to the crash, you can request the police report free of charge at Spartanburg Police Department Headquarters, located at 206 North Forest Street.

Should your case go to trial, the report is inadmissible as evidence under South Carolina Evidence Rule 803(8). However, it can give your Spartanburg car accident lawyer a good starting point for further investigation.

Filing a Claim When the Wreck Was Not Your Fault

In South Carolina, a driver who causes an accident is financially responsible for the consequences. The at-fault driver’s liability insurance provider usually assumes financial responsibility. In other words, if you’re injured in a car wreck in Spartanburg and you’re not at fault, you’ll pursue your claim with the other driver’s carrier, not your own policy.

State law requires all drivers to carry liability policies covering at least the following:

  • $25,000 per person for bodily injury or death
  • $50,000 for all people for bodily injury or death
  • $25,000 per accident for property damage

The at-fault driver’s liability insurance coverage can pay for your:

  • Past and future medical expenses
  • Lost wages if you can’t work while you heal
  • Diminished earning potential due to long-term impairment
  • Pain and suffering, or the physical discomfort of your injuries
  • Emotional distress, or the psychological effects of being in a terrifying accident
  • Reduced quality of life if you can no longer enjoy your favorite pastimes or live your life to its fullest
  • Damage to your property, including repairing or replacing your vehicle

The other driver’s insurer is not on your side. While the insurance adjuster on the phone might sound friendly and helpful, their job is to limit the insurance company’s financial exposure, not help you recover from your injuries. Be very careful when you interact with them. Don’t agree to give a recorded statement to the insurer, as they could use what you say against you later. Even something as simple as saying “I feel fine” when asked how you’re doing could be twisted into an admission that your injuries aren’t serious.

Also, be wary of a quick settlement offer from the insurance carrier. While it might seem generous at first glance, it’s likely far less than your case is actually worth. It’s also likely far less than what a good lawyer could secure for you.

If the other driver’s insurance company calls you, be polite, but decline to give a recorded statement or agree to a settlement offer. As soon as you hang up, contact our car wreck lawyers in Spartanburg. We can handle communications with the insurance company for you.

What If the At-Fault Driver Doesn’t Have Enough Insurance?

If the at-fault driver doesn’t have enough insurance to cover your serious injuries and related losses from the accident, you can file a claim against the underinsured motorist (UIM) provision in your auto insurance policy. If the other driver has no insurance, the uninsured motorist (UM) provision applies instead. While UM coverage is mandatory in South Carolina, UIM coverage is not.

An uninsured motorist accident lawyer with The Melonakos Law Firm can help you pursue UM/UIM claims with your own insurance company in addition to or instead of a claim against the at-fault driver.

What Happens If Your Case Goes to Court in Spartanburg County?

If your personal injury lawsuit goes to trial, it will likely be heard in the Spartanburg County Court of Common Pleas. Property damage-only claims are subject to mandatory arbitration per the South Carolina Automobile Reparation Reform Act of 1974 (S.C. Code Ann. §§ 38-77-710, et seq.). Otherwise, a judge or jury will act as factfinder in your case, weigh your evidence against the defense team’s, decide whether the other party is to blame for your injuries, and, if so, award you fair compensation based on the harm you’ve suffered.

Why Spartanburg Drivers Work with The Melonakos Law Firm

Injured people in Spartanburg and across the Upstate turn to The Melonakos Law Firm for help. Here are a few reasons why.

Years Spent on the Insurance Company’s Side

Before he became an auto accident attorney in Spartanburg, Michael Melonakos worked for two insurance defense firms in Atlanta. That experience gave him an inside look at how insurance companies build their cases and, more importantly, how to beat them at their own game.

Our Car Wreck Results in Spartanburg

The Melonakos Law Firm has recovered over $100 million for injured people across South Carolina, including right here in Spartanburg. For example, we represented a person who suffered shoulder injuries as a result of a T-bone accident in Spartanburg. State Farm initially offered just $17,134 in compensation, but we secured our client a $100,000 policy-limits recovery from State Farm and our client’s insurer. While our past successes do not guarantee a result in your case, they speak to our commitment to seeking maximum compensation for our clients.

What Our Clients Say

Behind our case results are real people like our client who wrote this about our firm:

“I was at a loss as to how to handle my claim for an automobile accident. Someone gave me the name of Melonakos Law Firm and their number, I am so glad they did. The firm took my case, gave me advice, handled everything for me, kept me informed as to what was going on, then settled my case in a timely manner. They were well prepared, informed, respectful and handled my case with care and concern.”

Mattie

Get a Free Case Review for Your Spartanburg Car Wreck

South Carolina law under S.C. Code Ann. § 15-3-530(5) gives you three years from the date of a car accident to take legal action against the at-fault parties. The sooner you speak with our auto wreck lawyer near Spartanburg, the more time we have to build a strong case, negotiate for a fair settlement, and prepare for trial if the other side won’t make you a reasonable offer.

Contact The Melonakos Law Firm now for a free consultation with our Spartanburg car accident attorneys about your best legal options.