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What to Expect During the Car Accident Claim Process

You’re not alone in this process. We’ll be with you every step of the way, fighting for what you deserve.

Attorney Gary Christmas in front of a motor vehicle accident scene and police filing an accident report.

If you’ve been seriously hurt in a car accident that wasn’t your fault, the road ahead can feel uncertain. You’re facing pain, bills, and pressure from insurance agents—and it’s easy to feel overwhelmed. At Christmas Injury Lawyers, we get it. We’ve stood exactly where you’re standing now, and we know what it takes to fight back.

Our South Carolina-based legal team is here to guide you through the car insurance claim process from start to finish. We handle every detail, every form, and every conversation with the insurance company so you can focus on healing.

Here’s what you can expect at each stage of your claim—whether your case settles or goes all the way to trial.

Stage 1: Starting Your Car Insurance Claim – Intake & Investigation

Injured parties sign contract with their personal injury attorney.

From the moment you reach out to us, our dedicated intake team is available 24/7 to get your case moving. There’s no need to come into the office—we’ll send everything you need straight to your phone.

What we do during this stage:

  • Collect detailed information about your accident
  • Review police reports, witness statements, and photos
  • Connect you with medical providers if you need care
  • Preserve evidence before it disappears
  • Identify the insurance policies that may apply

South Carolina is not a no fault state, which means determining who caused the accident is critical to your case. We’ll investigate thoroughly to prove liability and ensure the insurance company doesn’t shift the blame onto you.

You’ll meet your dedicated attorney and legal team early on. We’ll explain everything in plain English and build a roadmap specific to your case. This is the groundwork that puts you in the strongest position to recover what you're owed.

Why You Should Always Call the Police After a Crash

Even after a minor fender bender, you should always call the police. Their report documents what happened, who was involved, and any initial findings of fault. That documentation is critical when filing a claim and helps protect you from later disputes with the insurance company.

Stage 2: Medical Treatment and Documentation

Why does your medical care matter so much?
Your injuries are the heart of your case. To prove the full impact of what you've been through, we need accurate, complete, and consistent medical documentation.

We’ll work closely with your doctors to gather:

  • ER records and hospital stays
  • Treatment plans, MRIs, and specialist reports
  • Prescriptions and therapy documentation
  • Prognosis for future care needs

Your job during this stage? Focus on your recovery. Follow your doctor's instructions and let us handle the stress of collecting your records and building your case.

Stage 3: Strengthening Your Auto Insurance Claim with a Demand Package

Filing a claim with the other party's insurance company, asking for rental car and vehicle repairs, after reviewing the car insurance policy limits.

Once you’re medically stable, the next step begins.
We prepare and submit a demand letter to the auto insurance company, outlining:

  • All medical bills and treatment expenses
  • Lost wages and diminished earning capacity
  • Pain, suffering, and loss of enjoyment of life
  • Future medical needs and long-term effects

We take a strategic and aggressive approach to negotiations. Insurance adjusters are notorious for lowballing unrepresented accident victims—but we don’t let them play those games.

Our team fights to recover the full value of your case.

Stage 4: Settlement or Litigation

If a fair settlement can be reached, that’s great. But if not—we go to court.
Unlike many law firms, we’re not afraid of trial. In fact, every one of our attorneys has tried cases before South Carolina judges and juries.

If your case goes to litigation, we will:

  • File a formal lawsuit
  • Handle depositions, motions, and court hearings
  • Represent you during mediation or arbitration
  • Prepare your case for trial and present your story

We understand how intimidating court can seem, but remember—you’re not in this alone. Our team will stand beside you at every turn, prepared to fight for what you’re rightfully owed.

Stage 5: Resolution and Recovery

Whether your case ends in a negotiated settlement or a trial verdict, we’ll work quickly to resolve any liens, finalize documents, and get your check in your hands as soon as possible.

You’ve been through a lot. We want to make sure the end of this process brings you the financial and emotional relief you deserve.

What Can You Recover?

Picture showing vehicle damage after the other driver ignored traffic signs.

At Christmas Injury Lawyers, we pursue every category of recovery allowed under South Carolina law:

Medical Expenses
Covers your past and future treatment related to the accident, including hospital visits, rehabilitation, and medication. The cost of care can quickly add up, but securing coverage for medical expenses ensures you can focus on healing without the added financial strain.

Lost Wages
If your injuries have kept you out of work, we’ll pursue full reimbursement for the income you've already lost—and what you may continue to lose in the future. Whether it's missed paychecks or long-term job limitations, we’ll make sure your loss is fully recognized.

Pain and Suffering
Reflects the physical pain, emotional distress, and daily struggles caused by your injuries. This impact often extends beyond what’s visible on a medical chart, and we’ll fight to make sure your pain is taken seriously by the insurance company.

Property Damage
Includes repair or replacement of your vehicle and any valuables inside. After an accident, you may need to take your car to a repair shop, and the repair costs can be significant—even for what looks like minor damage. If your car is declared a total loss, the insurance company may offer the actual cash value of the vehicle at the time of the accident—not the original purchase price. The mounting costs of vehicle loss can be stressful, but we’ll review the offer to ensure it’s fair and push back if it’s not.

Future Medical Costs
Includes expected medical expenses for surgeries, physical therapy, or long-term care you may need. Recovery doesn’t end when your case does, and we’ll ensure those projected costs are accounted for in your auto insurance claim.

FAQs: What You Need to Know

Client wondering what the time limits are to file a claim with the insurance company or her insurance agent.

How long does an auto accident claim take in South Carolina?

It depends on how complex your injuries are and whether your case settles or goes to trial. Many cases resolve in a few months, but more serious claims can take over a year. We’ll keep you informed every step of the way.

Do I have to pay anything upfront?

No. We work on a contingency fee basis, which means you owe us nothing unless we win money for you. No hourly billing. No surprises.

Will I have to go to court?

Not necessarily. Most cases settle before trial. But if the insurance company refuses to offer what your case is worth, we’re fully prepared to take your case to court and present it to a jury.

Can I still recover if I was partially at fault?

Yes. South Carolina follows a modified comparative fault rule. If you were less than 51% at fault, you may still recover—though your total award could be reduced. We’ll evaluate this carefully with you.

What if the at-fault driver doesn’t have car insurance?

We’ll explore all coverage options, including filing a claim with your insurance company under your own uninsured motorist (UM) policy. You may still have legal options, even if the other driver was uninsured or underinsured.

What should I do at the accident scene after a fender bender?

Call the police, take photos, exchange info, and get medical attention. Even minor crashes can cause injuries. Contact us before speaking with the insurance company—we’ll protect your rights from the start.

You Don’t Have to Face This Alone

We know this is more than just a legal case. It’s your life, your future, and your peace of mind.

At Christmas Injury Lawyers, we’ve been helping seriously injured South Carolinians for nearly 30 years. We are trial attorneys who fight back against insurance providers who try to delay, deny, and devalue your claim. Our promise? You’ll never walk this path by yourself.

If you or a loved one has been hurt in a car accident, don’t wait.
Call Christmas Injury Lawyers at (843) 380-4112 or click on ‘Contact Us’ on this page to get started today.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship. Every case is different and past results do not mean that the same results can be achieved in a different case. For contingency fees, attorney's fees are calculated before client case costs/expenses. 
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