What to Do After a Car Accident in South Carolina
The first steps at the scene
Stop your vehicle immediately and turn on your hazard lights. Move to a safe location if possible — if you are on a busy road and cannot safely exit your vehicle, stay inside with your seatbelt fastened and call 911. Do not leave the scene, even if the damage appears minor. Leaving can result in criminal charges.
Call 911 if anyone is injured, if there is significant property damage, or if the other driver appears impaired. A police officer will document the accident in an official report, which you will need later for insurance claims. Even if police do not respond, you can file a report yourself at your local police station within a reasonable time.
Exchange information with the other driver: full name, phone number, address, driver's license number, vehicle make and model, license plate number, and insurance company name and policy number. If there are passengers or witnesses, get their names and contact information as well. Take photos of all vehicle damage, the accident scene, road conditions, traffic signs, and the other vehicle's license plate.
Key Takeaways
- Call 911 if anyone is injured or if damage is significant; stay at the scene and do not admit fault to the other driver.
- Exchange driver and insurance information with the other vehicle's driver, and photograph the scene and all damage.
- Report the accident to your insurance company within a few days, even if you were not at fault.
- South Carolina is a fault state, meaning the driver who caused the accident is responsible for damages, but you must prove fault to recover money.
- Keep all documents related to the accident — police report, photos, medical records, repair estimates, and insurance correspondence.
Reporting to your insurance company
Contact your insurance company as soon as possible, ideally within one to three days of the accident. Have your policy number, the police report number, and the other driver's information ready. Your insurer will assign a claims adjuster to investigate the accident and estimate repair costs.
Be factual and straightforward when describing what happened, but do not speculate about fault or accept blame. Stick to what you observed: the time, location, weather, traffic conditions, and the sequence of events. Do not post about the accident on social media, as insurers and opposing parties may use your statements against you.
Your insurance company will contact the other driver's insurer to determine who is at fault. In South Carolina, the at-fault driver's insurance typically pays for damages to the other vehicle and any injuries. If the other driver is uninsured or underinsured, your own uninsured motorist coverage may cover your losses, depending on your policy.
Understanding fault and South Carolina law
South Carolina is a fault state, which means the driver who caused the accident is legally responsible for paying damages. The at-fault driver's insurance company must cover medical expenses, vehicle repairs, lost wages, and pain and suffering for the injured party. However, you must prove the other driver was at fault to recover money.
If both drivers share responsibility for the accident, South Carolina follows comparative negligence rules. This means you can still recover damages even if you were partially at fault, but your recovery is reduced by your percentage of fault. For example, if you are found 20 percent at fault, you can recover 80 percent of your damages.
The police report is important evidence of fault, but it is not the final word. Insurance adjusters and, if necessary, a court will review all available evidence — photos, witness statements, traffic camera footage, and vehicle damage patterns — to determine fault. If you disagree with the insurance company's information, you have the right to dispute it or pursue a claim in small claims court or civil court.
Medical attention and injury documentation
Seek medical attention immediately if you have any pain, visible injuries, or symptoms like dizziness or headaches. Some injuries, such as whiplash or internal injuries, may not be obvious right away. A medical professional will document your condition and create a record linking your injuries to the accident, which is essential if you later pursue a claim for damages.
Keep all medical records, bills, and receipts related to the accident. This includes emergency room visits, doctor appointments, physical therapy, prescription medications, and any medical equipment you purchase. These documents prove the extent of your injuries and the cost of your treatment, which directly affects how much you can recover.
If you miss work due to injury, keep records of the dates you were absent and your lost wages. Your employer can provide a letter stating your normal pay and the dates you did not work. Lost wages are a recoverable expense in a personal injury claim.
Repairing your vehicle
Get repair estimates from at least one or two body shops. The at-fault driver's insurance company may suggest a repair shop, but you are not required to use it. You have the right to choose your own mechanic or body shop. Obtain written estimates that detail all damage and necessary repairs.
If the repair cost exceeds the vehicle's current market value, the vehicle is considered a total loss. The insurance company will offer you the vehicle's actual cash value, which is what a similar vehicle would sell for in your area. You can dispute this valuation if you believe it is too low; provide comparable vehicle listings from online marketplaces to support your case.
Keep all repair receipts and invoices. If the insurance company's estimate is lower than the repair shop's estimate, you can submit the higher estimate to your insurer and ask them to reconsider. Some shops will negotiate with the insurance company on your behalf.
When to contact a lawyer
You do not need a lawyer for every accident, but you should consider consulting one if you have significant injuries, if the other driver is uninsured or underinsured, if fault is disputed, or if the insurance company denies your claim. Many personal injury lawyers work on a contingency basis, meaning they take a percentage of your settlement or court award and charge no upfront fee.
South Carolina has a statute of limitations of three years for personal injury claims and three years for property damage claims. This means you have three years from the date of the accident to file a lawsuit. However, do not wait until the deadline approaches; evidence can disappear and memories fade. If you think you may have a claim, consult a lawyer within a few months of the accident.
A lawyer can help you negotiate with insurance companies, gather evidence, document damages, and represent you in court if necessary. They can also advise you on whether a settlement offer is fair or whether you should pursue litigation. Many lawyers offer free initial consultations, so you can discuss your case without cost.
Keeping records and following up
Create a file or folder — physical or digital — containing all accident-related documents. Include the police report, insurance correspondence, medical records, repair estimates and invoices, photos of the accident scene and vehicle damage, witness contact information, and any communication with the other driver or their insurance company.
Follow up with your insurance company regularly to check the status of your claim. Ask for a timeline for when repairs will be approved and when you can expect payment. If the claims adjuster is unresponsive or if you disagree with their findings, ask to speak with a supervisor or file a complaint with the South Carolina Department of Insurance.
Keep copies of everything you send to your insurance company, and send important documents via email or certified mail so you have proof of delivery. Do not rely on phone calls alone; written communication creates a record that protects you if there is a dispute later.
Frequently Asked Questions
Do I have to report the accident to police if no one is injured?
You must report any accident involving injury, death, or property damage exceeding $400 to police. If damage is under $400, you are not required to call police, but you should still report the accident to your insurance company. A police report strengthens your claim, so it is worth calling even for minor accidents.
What if the other driver does not have insurance?
If the other driver is uninsured, your own uninsured motorist coverage will cover your damages, up to your policy limit. You will need to file a claim with your own insurance company and provide evidence that the other driver was at fault. If you do not have uninsured motorist coverage, you can pursue a lawsuit against the other driver directly, though collecting money may be difficult if they have no assets.
Can I be sued for an accident even if I was not at fault?
Yes, the other driver can sue you, but that does not mean they will win. Your insurance company will defend you and argue that you were not at fault. If a court agrees with you, the other driver's claim will be dismissed. This is why it is important to report the accident to your insurance company promptly and provide them with all evidence supporting your version of events.
How long does it take to settle an accident claim?
Simple claims with clear fault and minor injuries may settle within a few weeks. More complex claims involving significant injuries, disputed fault, or multiple parties can take several months or longer. Your insurance company can give you an estimate based on the specifics of your case.
What if I disagree with the insurance company's settlement offer?
You can negotiate with the insurance company or reject their offer and pursue a lawsuit. If you believe the offer is unfair, consult a personal injury lawyer who can review the offer and advise you on your options. Many cases settle after negotiation, but some go to court if the parties cannot agree on a fair amount.