What to Do After a Car Accident in Charleston
A serious wreck on I-526, Savannah Highway or the Ravenel Bridge can mean an ambulance ride to MUSC or Roper. Getting treated is the first job. A spouse, parent or friend can handle the rest.
- Treatment first. Call 911 at the scene. After the ER, stay with each follow-up, surgery and therapy appointment.
- Track down the report. Charleston Police, the sheriff's office or the Highway Patrol may have worked the wreck. Ask whichever one it was how to get a copy.
- Photograph injuries over time. Keep taking pictures as bruises, cuts and surgical scars heal. Someone can also go back for the intersection, signals and the cars.
- Collect names. Get the other driver's insurer and policy number, and a phone number for anyone who stopped.
- Stack the paper in one spot. A shoebox for hospital bills, pay stubs and adjuster letters works fine.
- Hold your signature. Releases and medical authorizations are worth a lawyer's look first.
The Time to File
Most South Carolina injury claims must be filed within three years.1 That date is for a lawsuit in court, not an insurance claim, so an open claim does not stop it.2
A wreck with a city, county or state employee driving on the job can follow different rules.4 Those Tort Claims Act cases generally must be filed within two years, though a qualifying verified claim may stretch that to three years.5 Limits on damages may apply too.3 Read more about crashes with government vehicles or the statewide page on South Carolina car wreck claims.
What a Claim May Cover
Depending on the facts, a person hurt in a wreck may be able to seek medical costs, lost pay, reduced earning capacity, pain and suffering, and other losses. What's available depends on the evidence, the injuries, the insurance in place and South Carolina law, and no particular amount can be promised.6
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
If You Were Visiting Charleston
Wrecks here often involve people in town for a wedding or a long weekend. Before heading home, try to leave with the report number and the other driver's insurer. Keep records from every doctor, here and back home.
Talk With Us About Your Wreck
Tell us about the drive, the crash and how you're doing now. We'll listen before we talk about options. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston, and a phone call works just as well for a first conversation. If a truck was involved, see truck crashes in Charleston. Riders can see motorcycle crashes in Charleston.
Call and walk us through how the wreck happened.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- 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.2
- 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.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
The driver who hit me took off. Is there anything I can do?
Report it to police quickly, and write down whatever you noticed about the car and the person driving. Uninsured motorist coverage may help after a hit-and-run, but a claim over an unidentified driver comes with special requirements.7 A lawyer can look at your policy and what proof you'll need.
I may have been partly at fault. Does that end it?
Not necessarily. South Carolina uses a modified comparative negligence rule, so your share of fault generally lowers what you can recover. Against a single defendant, being more than 50% at fault generally bars recovery.8 A lawyer can weigh the facts of your wreck with you.
How do I know whether I have a case?
In general, it depends on whether someone else was negligent, whether that negligence caused your injuries, and what you lost as a result.9 The report, photos, witnesses, medical records and insurance details all feed into that.
Do I have to come to the King Street office?
No. Many people start with a call, and a relative can make it for you. If you'd like to sit down in person, our office is on King Street downtown. Bring what you have, and don't worry about gaps. If you can't easily get downtown, we're glad to meet you at the hospital, at your house or wherever is convenient.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- 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.
