What to Do After a Car Wreck in Greenville
Treatment comes first. If you were taken to Prisma Health Greenville Memorial, Bon Secours St. Francis or another ER, a spouse or friend can take over most of this.
- Let EMS do its job. Call 911, go to the ER and then keep every imaging, follow-up and therapy visit.
- Learn which agency worked the wreck. Inside city limits it may be the Greenville Police Department. Out in Taylors, Five Forks or Berea it may be the Greenville County Sheriff's Office, and on the interstates often the Highway Patrol. Ask that agency how to get the report.
- Get photos. A relative can photograph your injuries as they heal, plus the intersection, signals, skid marks and both vehicles wherever they were towed.
- Write down names. The other driver's name, insurer and policy number, and the phone number of anyone who stopped to help.
- Use one folder. ER bills, pharmacy receipts, pay stubs and insurance letters all go in it.
- Ask questions before signing. Many injured people speak with a lawyer before they sign anything from an insurer.
Where Wrecks Happen Around Greenville
Rush hour backs up through the rebuilt I-85 and I-385 interchange and onto Woodruff Road and Pelham Road. Wade Hampton Boulevard and Laurens Road have lots of driveways and turning traffic. Winter ice hits bridges and overpasses here more often than on the coast.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 That is a deadline for filing in court, and negotiating with an insurance adjuster does not stop it.2
If the other car belonged to a city, county or state agency, a separate set of rules may apply. Under the Tort Claims Act, claims over a government employee's on-the-job conduct generally go against the agency, not the employee.4 Those lawsuits generally must be filed within two years, or three years if a qualifying verified claim came first.5 Limits on the amount of damages can come into play as well.3 There is more on government vehicle crashes and on how long you have to file.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What Compensation May Be Available
Depending on the circumstances, a person hurt 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. What is available depends on the evidence, the injuries, the insurance coverage and South Carolina law, and no particular recovery can be promised.6
Our statewide car accident page has more, and if a tractor-trailer was involved, see truck crashes in Greenville.
Talk With Us
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. Tell us which road you were on, what the other driver did and how your injuries are affecting you.
We take cases across South Carolina, including Greenville and the rest of the Upstate. If you hire us, the insurers can usually deal with us, and the choices about your case stay yours.
Give us a call and tell us about the crash and your injuries.
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 on Wade Hampton Boulevard drove off. What now?
Get it reported to the Greenville Police Department, the Sheriff's Office or the Highway Patrol quickly, and jot down the color, make, plate letters and anything about the driver. Uninsured motorist benefits after a crash with an unidentified driver are subject to special requirements, including a police report within a reasonable time and, generally, physical contact, a qualifying witness affidavit or a recording.7 A lawyer can look at your policy and the proof you have.
The other driver says I was partly at fault. Can I still recover?
Possibly. Under South Carolina's modified comparative negligence rule, your damages are generally reduced by your percentage of fault, and in a typical two-driver accident you can recover if you are 50% or less at fault.8
How do I know whether I have a case?
A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.9 The crash report, photos, witness names, medical records and insurance details all help answer that.
I live in Greenville. Do I need to come to Charleston for a first talk?
No. The first conversation can happen by phone. Have the report number, your own auto policy and any adjuster letters handy for the call.
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.
