What to Do After a Car Accident on Hilton Head
Medical care comes first. If you are taken to the hospital, a family member or friend can handle the report number, the photos and the insurance calls.
- Call 911. Say who is hurt. Go to every follow-up, surgery and therapy session your doctors order, and keep the records.
- Find out who is writing the report. Ask the deputy or trooper for a card or report number before you leave.
- Take pictures. Photograph your injuries and keep doing it as they heal. Someone can also shoot both cars, the lane, skid marks and any signals or signs.
- Swap details. Photograph the other driver's license, plate and insurance card. Note any rental sticker or key tag.
- Get witness numbers. Other drivers, cyclists on the pathway and people waiting at a gate may have seen it.
- A single file box. ER bills, pharmacy slips, pay stubs and every adjuster's letter.
- Ask your questions before you sign. Many people speak with a lawyer first.
Where Wrecks Happen Around the Island
US-278 is the only road on and off Hilton Head, so the bridges and Fording Island Road through Bluffton carry everyone, and summer weekends bring long backups. On the island, the Cross Island Parkway, William Hilton Parkway and the traffic circles at the south end mix locals with visitors in rental cars looking for gates, villa entrances and beach parking.
How Long You Have to File
Most South Carolina injury claims must be filed within three years.1 That limit is for a lawsuit in court, so an open insurance claim doesn't stop it.2
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, with some exceptions.4 Suits under the South Carolina Tort Claims Act generally must be filed within two years, or three years if a qualifying verified claim came first.5 Caps on damages may apply as well.3 See more on crashes with government vehicles and 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 expenses, lost income, reduced earning capacity, pain and suffering and other losses from the crash. What is available depends on the evidence, the injuries, the insurance involved and South Carolina law.6 No particular result can be promised.
Talk With Us
We start by asking you to walk us through it: where you were headed, which lane you were in, what the other car did and how you are doing now. If you hire us, the insurers can usually deal with us, and we go over your options together.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. The statewide page explains more about South Carolina car accident claims, and there is a separate page on truck crashes near Hilton Head.
Call to talk 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
There's no Hilton Head police department. Who wrote up my crash?
On the island it is usually the Beaufort County Sheriff's Office or the Highway Patrol. Crash reports in South Carolina can be requested through the SCDMV no matter which agency responded. If it happened inside a gated community, ask whether community security wrote its own report too.
The driver who hit me on the parkway took off. What now?
Report it to law enforcement as soon as you can, and write down everything you remember about the car and driver. Keep any photos or video. Uninsured motorist coverage may help after a hit-and-run, but claims involving an unknown driver have special requirements.7
The other driver says I was partly to blame. Can I still recover?
Possibly. Under South Carolina's modified comparative negligence rule, your recovery is generally reduced by your share of fault, and in a case against one defendant you generally can't recover if you were more than 50% at fault.8
How do I know if I have a case?
It generally depends on whether someone was negligent, whether that caused your injuries and what losses followed.9 The report, photos, witness names, medical records and insurance details all help a lawyer evaluate it.
I live in Bluffton and your office is in Charleston. How does that work?
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone.
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.
