lmccullough@hawklawgroup.com | May 24, 2022 | Car Accidents
A crash happens fast. What you do next matters.
In South Carolina, the steps you take after an accident can affect your health, your insurance claim, and your ability to recover compensation.
And mistakes in those first moments can be costly.
This guide breaks down exactly what to do—step by step—so you can protect yourself and avoid common pitfalls.
If you’ve been injured, you may also have legal options worth exploring.
Contact our Augusta car accident lawyer for a free consultation.
Step-by-Step: What to Do After a Car Accident in South Carolina
Following the right steps after a crash protects both your physical safety and your legal rights. Even small missteps — like leaving the scene or delaying medical care — can complicate your claim.
Step 1: Check for Injuries and Call 911
Your safety comes first. Check yourself and any passengers for injuries before doing anything else.
Call 911 immediately if anyone is hurt. Dispatch emergency services right away, even if injuries seem minor. Symptoms such as neck pain, dizziness, or numbness may not appear until hours or days after the crash.
Getting a police officer to the scene is also important for your claim. Police documentation creates an official record of the accident, which insurance companies typically require.
Step 2: Move Vehicles to a Safe Area
If the vehicles are drivable and moving them does not put anyone at risk, get them out of traffic. Turn on your hazard lights to alert other drivers.
Staying in an active lane of traffic after an accident increases the risk of a secondary collision. Moving to the shoulder or a nearby parking lot helps prevent additional injuries.
Never leave the scene of the accident. Leaving before exchanging information and speaking with police can result in criminal charges.
Step 3: Contact Law Enforcement
Even if the accident appears minor, contacting law enforcement is a smart decision. A police report documents key details, including:
- Driver information from both parties
- Witness accounts collected at the scene
- Officer observations about road and weather conditions
- A preliminary assessment of how the accident occurred
You can request a copy of the accident report from the investigating law enforcement agency after it has been filed. This report can serve as important evidence if an insurance dispute or lawsuit arises.
Step 4: Exchange Information with the Other Driver
Before leaving the scene, collect the following from the other driver:
- Full name and home address
- Phone number
- Insurance provider and policy number
- License plate number
- Driver’s license number
Do not admit fault at the scene. Avoid apologizing or making statements like “I didn’t see you.” Even well-intentioned comments can be interpreted as an admission of responsibility and used against you later.
Provide only factual information when speaking with other drivers and law enforcement.
Step 5: Document the Accident Scene
Evidence gathered at the scene can be decisive in an insurance claim or lawsuit. Use your phone to take photos before vehicles are moved when possible.
Document:
- Damage to all vehicles involved
- Road and weather conditions
- Skid marks and debris
- Traffic signs and signals in the area
- Any visible injuries
Also collect contact information from any witnesses. A witness account from an uninvolved third party can significantly strengthen your claim.
Step 6: Seek Medical Attention
See a doctor as soon as possible after the accident — even if you feel fine. Many common car accident injuries are not immediately apparent.
Delayed injuries include:
- Whiplash: Neck and shoulder pain that often appears 24 to 48 hours after impact
- Concussions: Headaches, confusion, and memory issues may develop gradually
- Soft tissue injuries: Sprains and strains that worsen over time
- Internal bleeding: A serious and sometimes life-threatening condition with few early symptoms
Medical records create a documented link between the accident and your injuries. Without prompt treatment, insurance companies may argue that your injuries were not caused by the crash.
Step 7: Notify Your Insurance Company
Report the accident to your insurance company promptly. Most policies require timely notification as a condition of coverage.
When speaking with your insurer:
- Provide factual information about what happened
- Avoid speculating about fault or assigning blame
- Do not accept any early settlement offer until you understand the full extent of your injuries and damages
Early settlement offers are often made before the true cost of your injuries is known. Accepting one may prevent you from recovering additional compensation later.
Understanding South Carolina Car Accident Laws
South Carolina’s legal framework directly affects how car accident claims are handled and what compensation may be available.
South Carolina Is an At-Fault Insurance State
South Carolina follows an at-fault system, meaning the driver who caused the accident is responsible for the resulting damages. Compensation is typically sought through the at-fault driver’s liability insurance.
Recoverable damages may include:
- Medical expenses, both current and future
- Property damage and vehicle repair costs
- Lost wages from time missed at work
- Pain and suffering
If you were injured in a crash, an Augusta car accident lawyer or Aiken car accident lawyer can review your claim and help you pursue the compensation you deserve.
Comparative Negligence Rule
South Carolina follows a modified comparative negligence rule. Under this system, you may still recover damages even if you were partially at fault for the accident — as long as your share of fault is less than 51 percent.
Your compensation is reduced in proportion to your percentage of fault.
Example: If your damages total $100,000 and you are found 20 percent at fault, you may recover $80,000. However, if you are found 51 percent or more at fault, you cannot recover compensation.
This rule makes it important to avoid admitting fault at the scene, since fault is determined after investigation, not at the moment of the crash.
Statute of Limitations for Car Accident Claims
In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. This deadline is set by state law.
Failing to file within this window typically means losing the right to pursue compensation through the courts, regardless of how strong your case may be. Consulting an attorney soon after your accident helps ensure deadlines are not missed.
Common Mistakes to Avoid After a Car Accident
Admitting Fault
Even saying “I’m sorry” at the scene can be used as evidence of fault. Provide only the facts when speaking with other drivers, witnesses, and law enforcement.
Fault is determined through investigation — by reviewing police reports, vehicle damage, road conditions, and witness statements. Let that process play out before drawing conclusions.
Not Gathering Evidence
Without photos, witness statements, and documentation, proving what happened becomes far more difficult. The more evidence you collect at the scene, the stronger your position when dealing with insurance companies or pursuing a claim.
Delaying Medical Treatment
Gaps in medical care give insurance companies a basis to argue that your injuries were not serious — or that they were caused by something other than the accident. Seek treatment promptly and follow your doctor’s recommendations.
Accepting a Quick Settlement
Insurance companies may contact you quickly after an accident with a settlement offer. These early offers are often made before your full medical picture is clear.
A quick settlement may not account for:
- Ongoing or long-term medical treatment
- Future rehabilitation costs
- Lost income during recovery
- Pain and suffering
Once you accept a settlement, you typically cannot seek additional compensation. Speak with an attorney before agreeing to any offer.
When Should You Contact a Car Accident Lawyer?
Some car accident cases can be handled without legal help. But certain situations make consulting an attorney well worth your time.
Consider speaking with a lawyer if:
- You suffered serious injuries requiring hospitalization or surgery
- Your injuries may result in permanent disability or long-term limitations
- Fault is disputed and the other driver is blaming you for the crash
- The insurance company is denying your claim or offering an unreasonably low settlement
- Multiple vehicles were involved and liability is unclear
The earlier you involve an attorney, the better position you are in to preserve evidence and meet legal deadlines.
How a South Carolina Car Accident Lawyer Can Help
Our attorneys handle every aspect of car accident claims so you can focus on your recovery.
Investigating the Accident
We gather police reports, medical records, accident scene photos, and witness statements. When necessary, we work with accident reconstruction experts to build a clear picture of what happened.
Negotiating with Insurance Companies
Insurance companies work to minimize payouts. Our attorneys manage all communication with insurers and push back against lowball offers, ensuring you are not pressured into accepting less than you deserve.
Calculating Damages
We evaluate the full scope of your damages — including future medical costs and lost earning capacity — to pursue complete financial recovery.
Representing Clients in Court
If settlement negotiations don’t result in a fair offer, our trial-experienced attorneys are prepared to take your case before a judge and jury.
Speak With a Car Accident Lawyer Today
If you were injured in a crash, you don’t have to handle the legal process alone. Our attorneys serve clients throughout the CSRA and surrounding areas, including South Carolina communities served by our Aiken car accident lawyer team.
We offer free consultations and work on a contingency fee basis — you pay nothing unless we recover compensation for you.
Contact our attorneys today to discuss your case.
Frequently Asked Questions
What should I do immediately after a car accident in South Carolina?
Check for injuries and call 911. Move vehicles out of traffic if safe to do so, and wait for law enforcement to arrive. Exchange information with the other driver, document the scene with photos, and seek medical attention promptly — even if you feel fine. Reporting the accident to your insurance company should follow shortly after.
Do I have to call the police after a car accident in South Carolina?
South Carolina law requires drivers to report accidents involving injury, death, or property damage above a certain threshold. Even when not legally required, calling the police is strongly recommended. A police report creates an official record of the accident that can be critical evidence in an insurance claim or lawsuit.
How long do I have to file a car accident claim in South Carolina?
In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. Missing this deadline typically bars you from filing a lawsuit in court. Consulting an attorney as soon as possible after an accident helps ensure all deadlines are met.
Should I speak to the other driver’s insurance company?
You are not required to give a recorded statement to the other driver’s insurance company. Insurance adjusters are trained to ask questions that may minimize your claim. Before speaking with any insurer, consult with a car accident attorney who can advise you on what information to share and how to protect your rights.