What to Do After a Wreck in Columbia
Treatment comes first. If you're at Prisma Health Richland, Prisma Health Baptist, MUSC Health Columbia Medical Center or Lexington Medical Center, someone you trust can handle the rest.
- Let the ambulance take you. If anyone at the scene is badly hurt, 911 is the first call. Keep every follow-up, surgery and therapy appointment, and save the records.
- Track down the report. Columbia Police, the Richland or Lexington County Sheriff's Department, the Highway Patrol or a town police department may have worked the crash. The SCDMV also takes report requests for any South Carolina crash, whichever agency showed up.
- Take pictures over time. Photograph your injuries as they heal. A friend can shoot both cars at the tow yard and the crash site.
- Write down names. Get the other driver's insurer and policy number and phone numbers for witnesses.
- Use one folder. Bills, pay stubs and insurer letters go in it.
- Ask before you sign. Many people talk to a lawyer first.
Roads Where Midlands Wrecks Happen
Crashes happen all over the area: around Malfunction Junction, where Carolina Crossroads work zones have brought lane shifts and new ramps for years; on I-77 past Fort Jackson; on Two Notch, Garners Ferry, Broad River and Bush River Roads; along Assembly Street downtown; and on Harbison Boulevard and Sunset Boulevard. Game days at Williams-Brice and the State Fair add heavy traffic.
How Long You Have to File
Most South Carolina personal injury claims must be filed within three years.1 The deadline is for a lawsuit, and an insurance claim won't stop it.2
Was the other driver working for a city, county or state agency? Claims over a government employee's on-the-job conduct generally go against the agency, not the employee.4 A Tort Claims Act suit generally must be filed within two years, though a qualifying verified claim may extend it to three years.5 Those claims can face limits on the amount recovered, too.3 There's more on the filing deadline for car wrecks and on how shared fault works.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What a Claim May Cover
Depending on the facts, an injured person may be able to seek medical costs, lost pay, lost earning ability, pain and suffering and other losses from the crash. What is available depends on the proof, the injuries, the insurance and South Carolina law, and no result can be promised.6
Talk With Us
Tell us about the crash, the injuries and the part that keeps you up at night. If you hire us, the insurers can usually deal with us.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia, Lexington and the rest of the Midlands. The first conversation can happen by phone. For a tractor-trailer crash, see Columbia truck accident claims. For the statewide view, see South Carolina car accident claims.
Call and tell us 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 as soon as you can. Write down anything about the car and driver you remember, and keep any photos or video. When an unidentified driver causes an accident, uninsured motorist benefits are subject to special requirements.7 Your own policy may matter here, so have it handy when you call.
The report says I was partly to blame. Is my claim over?
Not necessarily. Under South Carolina's modified comparative negligence rule, your damages are generally reduced by your percentage of fault, and you generally can recover if you are 50% or less at fault.8 A lawyer can go over the evidence and how that rule may fit your wreck.
How do I know if I have a case?
A claim generally depends on whether someone else was negligent, whether that caused your injuries, and what losses followed.9 The report, photos, witnesses, medical records and insurance details all help answer that.
What should I gather before calling?
Bring the pile as it is, even if it's a shoebox of ER bills, photos on your phone and a stack of mail from adjusters. Missing pieces are fine. A lawyer can help find what's left.
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.
