Not every car accident case requires hiring legal representation. Cases involving severe injuries, drunk driving, reckless driving, or disputes over liability are instances when hiring an attorney is in your best interest. Cases involving only property damage, meaning wrecks where there are no injured passengers in the car, are often best handled directly with an insurance adjuster by the victim. There are exceptions, however, and the peace of mind offered by a free consultation with a personal injury attorney is always worth the time. For example, consider this situation where a young woman was involved in a relatively minor wreck late at night in downtown Columbia. It was clear who was at fault for the collision and the crash resulted primarily in property damage. At first glance, the details of the incident appeared unremarkable. What transformed this case was not the collision itself, but what happened immediately afterward.
The Importance of Collecting Evidence
After the collision, the victim began recording a cell phone video of the property damage as she walked around her car. In the background of this video, the at-fault driver could be overheard talking to another passenger, pleading with them not to call the police because “he had a warrant.” The defendant allegedly went further, threatening that if the victim called the police, she was “fixin’ to get shot.” While there was no visual evidence of the defendant making these statements or any sign of a weapon, the audio captured these disturbing remarks. 
The victim knew she had been wronged. To make matters worse, the at-fault driver was uninsured. Scared and uncertain, she called Joye Law Firm for help. Attorney Brian Holmes took on the case and proceeded to make a claim through our client’s own uninsured motorist coverage. Complicating matters, our client did not follow through with medical treatment. While she did sustain injuries and attended an ER appointment on the day of the incident, since she did not receive ongoing medical care and her insurance company tried to downplay the severity of her injuries. Typically, such a low medical total might not warrant legal intervention. However, being the dogged investigator he is, Atty. Holmes saw the potential for seeking punitive damages due to the verbal threats. Punitive damages are sums of money that a jury is authorized to award in situations where an at-fault driver was not merely careless or negligent in causing a collision but was grossly negligent in causing the collision in question and deserves to be punished for their bad acts. With that goal in mind, he continued to pursue the case.
Don’t Let Assumptions Limit Your Car Accident Claim
Understanding the significant impact of the audio evidence, Columbia personal injury attorney Holmes demanded the full policy limits in both bodily injury coverage and the remaining property damage coverage. He included the threatening video from the at-fault driver and a detailed narrative of the audio in the demand package he sent to our client’s insurance provider to ensure the adjuster understood its importance.
Knowing what they were up against, the insurance company responded just one week after receiving Holmes’ demand and tendered the full limits of the policy. The adjuster admitted that the decision was based solely on the audio of the alleged threats without even discussing the medical bills. This resulted in our client receiving a net recovery of approximately 11 times her medical total. Atty. Holmes proved that medical bills are just one aspect of compensation, and that the fear and trauma associated with having her life threatened was equally if not more important and also demanded compensation.
This case serves as a powerful reminder of the importance of gathering comprehensive evidence after a car wreck, including photos, videos, and audio. Even seemingly minor details, like background audio in a property damage recording, can dramatically alter the outcome of a case. The longer that one waits to gather these kinds of evidence, the more likely it is that the evidence will be missing, lost, or deleted. Additionally, it underscores the value of pushing for maximum compensation, regardless of initial expectations.
Here are a few things to keep in mind if you ever find yourself in a similar situation:
- Always collect and review all possible evidence from the start, as unexpected details can significantly impact the case and evidence can be easily lost or misplaced over time.
- Do not let preconceived notions about the adjuster’s initial response deter you from demanding the full value of the claim.
- Even with low medical totals, other factors such as possible punitive damages can lead to substantial recoveries.
Our client’s experience highlights the unpredictable nature of personal injury cases and the importance of thorough and creative legal strategies. Joye Law Firm’s legal team will thoroughly investigate all evidence and advocate for the full compensation you rightfully deserve. We take cases across South Carolina, with offices in Columbia, Charleston, Myrtle Beach, Summerville, and Clinton. Our consultations are always free, and our clients receive our “No Fee Guarantee.” You don’t owe us anything unless we win your case. You owe it to yourself to Just Call Joye at (888) 324-3100.
Disclaimer: Past results do not guarantee future outcomes.
