Free consultation · No fee unless we win · Available 24/7 · Estate planning, probate & criminal defense →Se habla español(843) 419-6653
Summerville Accident AttorneyA Frost Law Group practice(843) 419-6653
Frost Law Group · Summerville, SC

Auto Injury Assessment in Summerville

  • Free consultation
  • No fee unless we win
  • Available 24/7
A doctor presses gently along a patient's neck during an auto injury assessment in a bright clinic exam room
The short answer

An auto injury assessment in Summerville is a medical evaluation after a car crash. It may take place in an emergency room, an urgent care clinic or a doctor's office. A provider examines you and writes down what you report and what the exam finds. That chart becomes part of the record an insurer reviews in an injury claim.

South Carolina runs a tort system, in the words of its Department of Insurance, so an injured person claims against the at-fault driver's liability coverage. Section 38-77-144 says the state mandates no personal injury protection, known as PIP. So no required coverage pays your medical bills regardless of fault. The chart from each visit carries weight in that claim, and so does the question of who pays in the meantime.

Frost Law Group handles injury claims for drivers, passengers and pedestrians hurt in crashes around Summerville. Tara and Jack Frost, the firm's two attorneys, were Summerville High School sweethearts. The Charleston School of Law granted both of their law degrees. Questions by phone go to one of those two attorneys, never to a call center. Lawyers do not give medical advice, so treatment choices stay with you and your providers.

Questions about your medical visits and a claim go to Frost Law Group at (843) 419-6653. A free, confidential consultation carries no obligation to hire the firm.

On this page
  1. Why Get Checked Even If You Feel Fine
  2. Where Can You Be Evaluated in and Around Summerville
  3. What Should You Tell the Provider About the Crash
  4. Who Pays the Medical Bills While a Claim Is Open
  5. Talk With a Summerville Car Accident Attorney About Your Records

Why Get Checked Even If You Feel Fine

Feeling fine is your own impression, and only a medical provider can evaluate whether the crash hurt you. An injury claim also needs a record tying the injury to the collision date. Frost Law Group can read that record with you and explain how an insurer may view it. No record, however early, settles the question of injury by itself.

Picture a driver rear-ended while stopped in traffic on Main Street, the stretch of US 17A through town. She turns down an ambulance and drives home. If pain shows up later, her first chart may carry a date well after the crash. An insurer may argue that something else caused the injury in between, and the weight of that argument depends on facts a lawyer reviews.

Does a Delay Before the First Visit Hurt an Injury Claim?

A delay gives the adjuster something to question, although it does not end a claim on its own. Adjusters compare the crash date with the date on the first chart. A plain reason in your own words, such as a double shift or a sick child at home, can answer part of that question. The effect of any gap turns on the whole record, including what later providers find.

When Does the Three-Year Clock Start for an Injury Found Later?

Section 15-3-530 gives three years to bring a personal injury action in South Carolina. The starting point, set by Section 15-3-535, is when the person knew of the claim or would have learned of it with reasonable diligence. The date on your first chart can become evidence of when you knew something was wrong. Frost Law Group also handles injury claims raised after the crash date, and which date a court would use depends on the evidence.

Where Can You Be Evaluated in and Around Summerville

Emergency rooms with Summerville mailing addresses, urgent care clinics and family doctors all evaluate people after crashes. Which setting fits your condition is a medical question, not a legal one. The choice of provider stays yours. Your auto injury assessment in Summerville can happen in any of these settings, and each one produces a chart.

The DPH trauma system list, kept by the state Department of Public Health, shows which hospitals hold a trauma designation. Section 56-5-1230 also requires a driver in an injury crash to give reasonable assistance. That duty includes arranging transport to medical care when it is apparently needed or requested. Frost Law Group can gather the ambulance and hospital records that follow.

Which Emergency Rooms Carry a Summerville Address?

HCA Healthcare Summerville Hospital, at 295 Midland Parkway, sits inside town limits on the Dorchester County side. It has 174 beds for acute care, an ER open 24 hours and a separate pediatric ER with 10 beds. Roper St. Francis Berkeley Hospital, at 100 Callen Boulevard, keeps its emergency services open around the clock. Its mailing address says Summerville, yet it lies in Berkeley County. A third option, the freestanding HCA Healthcare Brighton Park ER at 1626 North Main Street, stands in unincorporated Berkeley County.

Which Lowcountry Hospitals Hold Trauma Designations?

MUSC, the Medical University of South Carolina, appears on the DPH list at Adult Level I. It also carries the Pediatric Level I rating, which no other hospital in the state holds. Trident Medical Center carries the Adult Level II rating, and DPH places both in its Lowcountry Region. None of the three Summerville-address facilities appears on that list. DPH says a non-trauma emergency department evaluates and stabilizes injured patients, then arranges a transfer if the case calls for one. Frost Law Group represents people with catastrophic injuries, whose records can span more than one hospital.

What Should You Tell the Provider About the Crash

Tell the provider plainly that a car crash brought you in, give the date, and describe every symptom you notice. The history section of a chart records the patient's own account in the provider's words. An adjuster may read that section closely, and Frost Law Group can compare it with the collision report and your photographs. Describe what happened to your body, and leave fault and diagnosis out of it.

Suppose a passenger's knee struck the dashboard when a pickup pulled out on Dorchester Road. Saying so tells the provider the mechanism, meaning how the force reached the body. A chart line reading only "motor vehicle accident, no complaints" tells an insurer almost nothing. What any note means for a claim depends on the full record a lawyer reviews.

Should You Mention an Old Injury to the Same Body Part?

Yes, and accurately. An honest history lets the chart separate an old shoulder problem from a new one. Leaving an earlier injury out creates a conflict if older records surface in the claim. Give the provider the year, the treatment you had and how the area felt before this crash. A lawyer can then read the old and new charts side by side.

Should You Say Who Caused the Crash?

Answer with what you saw and felt, and skip conclusions about blame. A medical chart is not where fault gets settled. Under Section 56-5-1290, even the reports that crash statutes require cannot show either driver's negligence or due care at trial. Photographs, witnesses and vehicle damage carry the fault question instead. A guess about the other driver, written into your chart, adds little to that proof.

Which Papers Should You Keep After Every Visit?

Keep discharge instructions, work or school notes, receipts and every referral slip. Save each explanation of benefits, the statement a health insurer mails after paying a bill. Keep any claim letter from your own auto insurer as well, along with a simple log of visit dates. Frost Law Group can walk you through the steps after a South Carolina crash, and these papers support several of them.

Who Pays the Medical Bills While a Claim Is Open

While a claim is open, the bills usually go to coverage you already have, such as health insurance, Medicaid, Medicare or medical payments coverage. The at-fault driver's liability insurer answers for the injury claim itself. That claim ordinarily resolves through a settlement or a judgment, not bill by bill. Frost Law Group can list each payer early, since several of them may expect repayment later.

Take a Summerville nurse whose employer health plan covers her ER visit after a crash on College Park Road. Her plan may seek repayment from any recovery against the other driver. Her own auto policy may add medical payments coverage on top. Who owes what back depends on the plan terms and the statutes, which a lawyer reads together.

Two more rules apply while the injury claim waits. The car claim moves on its own track, because Section 38-77-330 forbids denying or delaying vehicle damage payments over a pending injury claim. If the driver at fault had no policy, UM may answer instead, since Section 38-77-150 requires that uninsured motorist coverage in every auto policy here.

Can a Health Insurer Claim Part of a Settlement?

It may, within limits. Under Section 38-71-190 of the South Carolina Code, a health policy issued in the state may include a subrogation clause. Subrogation means the insurer steps into your shoes to recover what it paid, and here it can reach no more than the benefits already paid for the injury. An insured can ask the Director of Insurance to step in, and the Director may disallow subrogation found inequitable and unjust. A lawyer checks separately whether the statute reaches a self-funded employer plan or a policy written in another state.

What Medical Payments Coverage Pays and Cannot Take Back

South Carolina leaves med pay, short for medical payments coverage, optional, so look for it on your declarations page. Section 38-77-144 bars assignment or subrogation of med pay, and it cannot be set off against another recovery. Under Section 38-77-260, a release tied to med pay is void unless the insurer first delivers an approved disclosure statement. You get a window of three days or more between that statement or the payment and any signature.

When Medicaid or Medicare Covered the Treatment

A Medicaid recipient is treated as assigning to the state Department of Health and Human Services the right to recover what Medicaid paid. Once the recipient hires a lawyer, Section 43-7-440 gives that agency discretion to take 25% less. Federal law makes Medicare's crash-related payments conditional, so a settlement or award generally must repay them. Each program's repayment claim depends on what it paid and on the final recovery.

Talk With a Summerville Car Accident Attorney About Your Records

Discharge papers, a med pay letter and an explanation of benefits each tell part of the story after an auto injury assessment in Summerville. Gather whatever you have, even if the stack looks thin. Add the collision report number and any photographs of the vehicles.

Bring that stack to Frost Law Group at 128 Linwood Lane, Summerville, SC 29483, and sit down with either attorney. The meeting is a free, confidential consultation. With Jack C. Frost or Tara L. Frost across the table, you can sort out who has paid so far, who may expect repayment and what the records show.

Tara and Jack keep the office open from 9 AM until 5 PM Mondays through Thursdays. Friday hours stop at noon, and a Friday afternoon meeting is possible if you ask ahead.

Between medical visits, write to Frost Law Group online, or call the office at (843) 419-6653.

Hands flip through an accordion file of papers, gathering the records from an auto injury assessment and the visits after it
(843) 419-6653Free case review