What to Do After a Motorcycle Crash in Charleston
A left-turning SUV on Highway 17 in Mount Pleasant, a lane change on I-526 near the Don Holt Bridge, a car pulling out on Maybank Highway: riders around here know the risks. If you went down, EMS and the trauma team come first.
Let the paramedics decide how you get to the hospital, and tell the ER everything that hurts, since some injuries show up later. Save the paperwork from surgery, wound care and rehab.
A family member can call whichever agency worked the crash for the report number. Ask them to photograph your injuries every few days and, if they can get back to the scene, the pavement, any skid marks, the signals and both vehicles.
Your cracked helmet, shredded jacket, gloves and boots go in a bag in the garage. Don't let anyone sell the bike for parts or start repairs. Ask riding buddies for helmet-cam or dash-cam footage, and note gas stations and shops along the road that might have cameras. Before signing what an insurer sends, many riders call a lawyer.
Time to File
Most South Carolina injury claims must be filed within three years.1 An open claim with an insurance company does not stop that deadline.2
Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, though a qualifying verified claim filed first may allow three years.3 Government claims can also carry special procedures and caps on damages.4
Riders hurt elsewhere in the state can read our South Carolina motorcycle page.
Keeping Track While You Heal
Each week, a quick note on pain, sleep and what you couldn't manage helps later. Keep a running list of missed shifts and lost overtime. And write down the rides you skipped: the Sunday loop out to Edisto, the trip you'd planned, the bike nights you missed.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
Riders get blamed for a lot of wrecks they didn't cause, so we don't start with that assumption. Tell us about the ride, the crash and your injuries. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston, and the first conversation can happen by phone. If a semi or work truck was involved, see truck crashes in Charleston. For serious injuries, see catastrophic injury claims in Charleston.
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
- 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.3
- 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.4
- South Carolina requires motorcycle riders and passengers under 21 to wear an approved helmet. Riders 21 and older are not required to wear one.5
- Not wearing a helmet does not automatically prevent an injured motorcyclist or bicyclist from bringing a claim in South Carolina. Whether helmet use affects a particular case depends on the circumstances, including the crash and the injuries involved.6
- 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.7
- South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.8
Frequently Asked Questions
I wasn't wearing a helmet. Can I still bring a claim?
South Carolina requires riders and passengers under 21 to wear an approved helmet, and riders 21 and older are not required to.5 Riding without one does not automatically prevent an injured motorcyclist from bringing a claim. Whether it affects your case depends on the crash and the injuries involved.6
The other driver says I was partly to blame. Now what?
South Carolina follows a modified comparative negligence rule. With one defendant, a rider can generally recover if the rider's share is 50% or less, with damages reduced by that share. Past 50%, recovery is generally barred.7 A pileup with several drivers can change the math.
When can I get the bike fixed?
Get it photographed from every side first. Bent forks, scraped cases and snapped levers show how and where it was hit. Tell the insurer before parts are tossed, and ask the tow lot how long they'll keep it.
The driver barely has any insurance. Is there anything else?
Maybe. Your own UM or UIM coverage can sometimes fill the gap left by a driver with thin or no coverage. South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured coverage.8 Bring your bike and car policies when we talk.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
