After a Wreck in Myrtle Beach
Medical care comes first. If you're admitted, someone you trust can get the report, take pictures and handle insurance calls for you.
- Get medical help. Call 911 when someone is badly hurt. Follow every doctor's and therapist's plan, and keep your records.
- Track down the report. Depending on where the crash happened, Myrtle Beach Police, Horry County Police, a town department or the Highway Patrol may have responded. Ask that agency how to get a copy.
- Photograph your injuries. Keep doing it as they heal. Someone else can photograph the cars, the lanes and the signals.
- Get names. Write down the other driver's name, insurer and policy number, and witness phone numbers. If the car was a rental, note the company.
- Paper trail. Medical bills, receipts, pay stubs and every insurer's letter belong together in one place.
- Hold the pen. Before signing anything an insurer sends, many people speak with a lawyer.
Grand Strand Traffic
Kings Highway, the Bypass and Ocean Boulevard run side by side along the coast, each with heavy turning traffic and visitors who don't know the roads. US-501 and SC-22 bring weekend crowds in from inland, and summer check-in days pack all of them.
Filing Deadlines
Most injury claims in South Carolina must be filed within three years.1 The deadline is for a lawsuit, so an insurance claim does not hold it off.3
If a state or local government employee was driving on the job, other rules may apply, and the claim generally goes against the agency.4 Tort Claims Act suits generally must be filed within two years, though a qualifying verified claim can extend that to three years.5 Limits on damages may apply as well.2 Read more about how long you have to file 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 You May Be Able to Recover
Depending on the facts, a person hurt in a wreck may be able to seek medical costs, future treatment, lost pay, reduced earning ability, pain and suffering and other losses. What's available turns on the evidence, the injuries, the insurance involved and South Carolina law.6 No one can promise a particular result.
Talk With Us
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
We start by hearing what happened, how you're doing and what worries you. If you hire us, the insurers can usually deal with us. Our page on car wrecks across South Carolina has more, and if a big rig was involved, see truck crashes in Myrtle Beach.
Call and tell us how the crash happened.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- 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.2
- 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.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 the Bypass drove away. What now?
Report it to police as soon as you can, and write down everything you recall about the car and driver. Your own uninsured motorist coverage may pay after a hit-and-run, though an unidentified driver brings extra legal requirements.7 A lawyer can go over your policy and what proof is needed.
I may have been partly at fault. Can I still recover?
Possibly. Under the modified comparative negligence rule in South Carolina, your share of the blame comes off what you recover, and with one defendant you generally can't recover if you were more than 50% responsible.8
How do I know whether I have a case?
A claim generally depends on whether someone was negligent, whether that caused your injuries, and what losses followed.9 The report, photos, witness names and your medical records all help a lawyer look at it.
What should I have ready for the first call?
Whatever you have: the report number, photos, the other driver's insurer, your own policy, bills and insurance letters. Missing pieces are fine. A lawyer can help find records you don't have yet.
I was visiting and I've gone home. Can we still talk?
Yes. You don't have to stay in South Carolina for us to talk. The first conversation can happen by phone, and you can keep treating with doctors where you live.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-3-20 and 15-3-530
- 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.
