What to Do After a Car Accident in South Carolina
Medical care comes first. If you're in the hospital, someone you trust can get the report, take photos and deal with insurers for you.
- Get medical attention. Call 911 if anyone is seriously injured or needs emergency assistance. Seek prompt medical evaluation if you are hurt, even if your symptoms initially seem minor. Follow your medical providers' recommendations and keep records of your treatment.
- Get the crash report. Find out which agency responded and ask it how to get a copy.
- Take photos. Photograph your injuries, and keep photographing them as they heal. Someone can also photograph both cars, the road, skid marks and traffic signals.
- Collect names. That means the other driver's name, insurance company and policy number, plus names and phone numbers of any witnesses.
- Keep everything. Save medical bills, receipts, pay stubs and letters from any insurance company in one folder.
- Get your questions answered before you sign. Many people talk to a lawyer first.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 The deadline is for filing a lawsuit in court, and an insurance claim does not stop it.3
If your accident involves a vehicle operated by a South Carolina state or local government employee acting within the scope of employment, different rules may apply.4 Claims under the South Carolina Tort Claims Act generally must be filed within two years, although a qualifying verified claim may extend the period to three years.5 Statutory limits on damages may also apply.2 You can read more about how long you have to file and crashes involving government vehicles.
If you were partly to blame, you may still have a claim. Read more about how shared fault works.
What Compensation May Be Available After a Car Accident?
Depending on the circumstances, an injured person may be able to seek compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, and other losses caused by the accident. The amount and types of compensation available depend on the evidence, the nature of the injuries, applicable insurance coverage, and South Carolina law.6 No particular recovery can be promised.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
People who have been hurt deserve to be taken seriously, so we start by listening. We want to hear what happened, how you are feeling and what worries you most. If you hire us, the insurers can usually deal with us. We talk about your options.
The firm is based in Charleston and takes car accident cases across South Carolina. If a large commercial vehicle was involved, read about truck and commercial vehicle crashes.
Tell us how the wreck happened, and we can talk through the facts of your crash together.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- Under the South Carolina Tort Claims Act, claims over a government employee's on-the-job conduct generally go against the agency, not the employee, unless the employee acted outside their duties or with actual malice, intent to harm, fraud, or certain crimes.4
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.5
- Depending on the circumstances, a person injured in a crash may be able to seek compensation for medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, and other losses recognized by South Carolina law. The amount and types of compensation available depend on the evidence, the injuries, the available insurance coverage and South Carolina law. No particular recovery can be promised.6
- Under S.C. Code § 38-77-170, an uninsured motorist claim involving an unidentified driver may qualify when there was physical contact, qualifying independent-witness evidence, or a recording showing that the unknown vehicle caused the injury or damage. The accident must also be reported to an appropriate police authority within a reasonable time, and the claimant must not have been negligent in failing to identify the vehicle and driver. The recording alternative was added effective May 20, 2024.7
- Under South Carolina's modified comparative negligence rule, you can generally recover damages if your share of fault is not greater than the fault of the defendant or defendants. In a typical two-driver accident, that means you can recover if you are 50% or less at fault, which is often described as less than 51%. Your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.8
- A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.9
Frequently Asked Questions
What if the driver who hit me drove off?
Call the police and report the accident as soon as possible. Write down everything you remember about the vehicle and driver, and preserve any photographs or video. South Carolina uninsured motorist coverage may provide compensation after a hit-and-run, but claims involving unidentified drivers have special legal requirements.7 A lawyer can review your insurance coverage and help determine what evidence is needed.
Can I recover compensation if I was partly at fault?
Possibly. South Carolina follows a modified comparative negligence rule. If you were partly responsible for an accident, your compensation may be reduced by your percentage of fault. In a case involving one defendant, you generally cannot recover if you were more than 50% responsible.8 A lawyer can review the evidence and explain how these rules apply to your situation.
Do I have a car accident case?
A potential claim generally depends on whether another party was negligent, whether that negligence caused your injuries, and what losses resulted.9 Police reports, photographs, witness statements, medical records, and insurance information can all help evaluate a claim. A lawyer can review the available evidence and explain your options.
What should I bring when I talk to a lawyer?
Bring whatever you have. That may include the crash report, photos, the other driver's insurance details, your own policy, medical bills and any letters from an insurer. Do not worry if you are missing pieces. A lawyer can help track down records you do not have yet.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-20(b) and 15-78-70
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-32-210 et seq. (punitive damages); South Carolina tort decisions on compensatory damages
- S.C. Code § 38-77-170, as amended by 2024 Act No. 180 (H.4869), § 7 (effective May 20, 2024)
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991); S.C. Code § 15-38-15
- Elements of negligence under South Carolina law, as stated in Sean Hall's Nov 5 review notes
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
