What to Do After a Car Accident in South Carolina
A car accident can happen in seconds, but the decisions you make in the hours and days that follow can shape everything — your health, your finances, and your ability to recover compensation. South Carolina has specific laws that affect how accident claims work, and knowing them ahead of time gives you a real advantage.
Here is a clear, step-by-step guide for what to do after a car accident in South Carolina.
1. Stay Safe and Call 911
First, check yourself and your passengers for injuries. If anyone is hurt — or even if you are unsure — call 911 immediately. Move vehicles out of traffic only if it is safe to do so.
Under South Carolina law (SC Code § 56-5-1210), drivers involved in an accident that results in injury, death, or significant property damage are required to stop and remain at the scene. Leaving can result in criminal charges.
When law enforcement arrives, a police report will be filed. Get the report number. This document becomes a key piece of evidence in any insurance or legal claim.
2. Gather Evidence at the Scene
If you are physically able, collect as much information as possible before leaving the scene:
- Photos and video of all vehicles, license plates, road conditions, skid marks, traffic signals, and visible injuries
- Names, phone numbers, and insurance information from all drivers involved
- Names and contact info from any witnesses
- Badge number and name of the responding officer
Do not admit fault or apologize — even casually. Fault determinations happen later, and anything you say can be used against you.
3. Seek Medical Attention — Even If You Feel Fine
Some injuries, like whiplash, traumatic brain injuries, and soft-tissue damage, do not show symptoms right away. See a doctor as soon as possible after the accident, ideally the same day.
Delaying medical care does two harmful things: it can worsen your injuries, and it gives insurance companies a reason to argue your injuries were not caused by the accident. A consistent medical record that starts immediately after the crash is one of the strongest things you can have in a South Carolina personal injury claim.
4. Understand South Carolina's Fault and Insurance Rules
South Carolina is an at-fault state, which means the driver who caused the accident (or their insurance company) is responsible for paying damages to injured parties.
South Carolina also follows a modified comparative negligence rule under SC Code § 15-38-15. This means:
- You can still recover compensation even if you were partially at fault
- However, if you are found to be 51% or more at fault, you cannot recover anything
- If you are less than 51% at fault, your compensation is reduced by your percentage of fault
For example, if a jury awards $100,000 and finds you were 20% at fault, you would receive $80,000.
South Carolina requires all drivers to carry minimum liability insurance of $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage. Uninsured motorist coverage is also required unless you reject it in writing.
5. Notify Your Insurance Company — Carefully
Report the accident to your own insurance company promptly. Most policies require timely notice as a condition of coverage. However, keep your statements brief and factual. You are not required to give a recorded statement to the other driver's insurance company, and doing so without legal guidance can hurt your claim.
Insurance adjusters work for the insurer — not for you. Their goal is to minimize payouts. You have the right to speak with an attorney before accepting any settlement offer.
6. Know South Carolina's Statute of Limitations
In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit (SC Code § 15-3-530). Missing this deadline typically means losing your right to sue — no matter how strong your case is.
Property damage claims also fall under a three-year window in most situations. If a government vehicle or road condition was involved, different rules and shorter deadlines may apply. Always confirm timelines with a licensed attorney.
FAQ: Car Accidents in South Carolina
What if the other driver doesn't have insurance?
South Carolina requires uninsured motorist (UM) coverage unless you opt out in writing. If you have UM coverage, you can file a claim through your own policy when the at-fault driver is uninsured or underinsured. The state also maintains a Motor Vehicle Accident Indemnification Corporation (MAICO) fund for certain situations — confirm eligibility with an attorney.
Do I need a police report to file a claim?
A police report is not legally required to file an insurance claim, but it is very helpful. If police did not respond to your scene, you can file a written report with SCDMV within 15 days if the accident resulted in injury, death, or property damage over $1,000 (SC Code § 56-5-1270).
How long does a South Carolina car accident settlement take?
Timelines vary widely — from a few weeks for minor claims to several years for serious injury cases that go to trial. Factors include the severity of injuries, disputed liability, and how quickly you reach "maximum medical improvement" (MMI), the point at which your doctor says your condition has stabilized.
Can I still recover compensation if I was partly at fault?
Yes, as long as you were less than 51% at fault under South Carolina's modified comparative negligence rule. Your compensation will be reduced by your percentage of fault. An attorney can help evaluate how fault is likely to be assigned in your specific situation.
Should I accept the first settlement offer from insurance?
Generally, no. First offers are often lower than what you may be entitled to, especially if your medical treatment is ongoing. Once you accept a settlement and sign a release, you typically cannot go back and ask for more — even if your injuries turn out to be more serious than expected. Get a free case review before signing anything.
Take the Next Step
A car accident in South Carolina can leave you dealing with medical bills, lost wages, vehicle damage, and the stress of navigating insurance companies — all at the same time. Understanding your rights is the first step toward protecting them.
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