A car accident turns an ordinary day upside down in seconds. Whether it was a fender-bender on Main Street in Summerville or a serious crash on I-26, what you do in the minutes, days, and weeks afterward can have a big effect on your health and on your ability to recover fair compensation. Here is a practical, step-by-step guide for South Carolina drivers and passengers.
1. Stop, check for injuries, and call 911
South Carolina law requires drivers involved in a crash to stop at the scene. Never leave, even if the damage looks minor. Check yourself and your passengers for injuries, move to a safe spot if you can do so safely, and call 911. Police will respond, secure the scene, and prepare an accident report, which becomes one of the most important documents in your claim.
2. Document everything at the scene
If you are physically able, gather evidence before it disappears:
- Take photos of every vehicle, the damage, skid marks, road conditions, traffic signals, and your injuries.
- Exchange names, phone numbers, driver’s license numbers, and insurance information with the other driver.
- Get the names and contact information of any witnesses.
- Write down the responding officer’s name and the report number.
3. Be careful what you say
Be polite and cooperative, but do not apologize or admit fault at the scene. Statements like “I’m so sorry, I didn’t see you” can be used later to argue that you caused the crash, even when you did not. Stick to the facts when speaking with the police.
4. Get medical attention right away
See a doctor as soon as possible, even if you feel fine. Adrenaline can mask pain, and injuries such as concussions, whiplash, and internal injuries may not show symptoms for hours or days. Prompt treatment protects your health and creates a medical record that connects your injuries to the accident. Follow your doctor’s treatment plan and keep every bill and record.
5. Notify your insurance company, but be cautious with the other driver’s
Report the accident to your own insurer promptly, as your policy requires. If the other driver’s insurance adjuster calls, you are not required to give a recorded statement. Adjusters are often trained to minimize what they pay, and an early lowball settlement offer may not account for future medical care or lost income. It is wise to speak with an attorney before signing anything.
6. Understand how fault works in South Carolina
South Carolina is an “at-fault” state, which means the driver who caused the crash, and their insurance company, is responsible for the resulting damages. South Carolina also follows a modified comparative negligence rule. If you were partly at fault, your compensation is reduced by your share of the blame, and if you are found more at fault than the other party, you may not be able to recover at all. Insurers frequently try to shift blame onto injured people for exactly this reason.
South Carolina drivers are also required to carry uninsured motorist coverage, which can help if the at-fault driver has no insurance or flees the scene.
7. Don’t wait too long to act
In most South Carolina personal injury cases, you have three years from the date of the accident to file a lawsuit (S.C. Code § 15-3-530). Claims involving a government vehicle or agency can have shorter deadlines and special notice rules. Evidence and witness memories also fade quickly, so the sooner you get help, the stronger your position.
8. Talk to a South Carolina auto accident attorney
You shouldn’t have to beg and plead with the insurance company for justice. An experienced attorney can investigate the crash, deal with adjusters, document your damages, including medical bills, lost wages, and pain and suffering, and fight for a fair result. Learn more about how we help on our South Carolina auto accident page, or read about our serious personal injury practice.
Hurt in a crash? Call Rossington Law Offices at (843) 261-1114 or request a free consultation. There is no obligation.
This article provides general information about South Carolina law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; contact an attorney about your specific situation.