After a Car Wreck in Spartanburg County
A bad wreck on Asheville Highway or on I-85 near Wellford can mean an ambulance ride and days in the hospital. Your care comes first. A family member or friend can handle the paperwork while you heal.
- Call 911 and accept the ambulance. Keep every surgery, follow-up and therapy visit your doctors schedule, and hold on to the records.
- Track down the report. Inside city limits that's often Spartanburg Police; out in Boiling Springs it's the Sheriff's Office; on the interstate it's often the Highway Patrol. Whoever responded can explain how to request a copy.
- Photograph the injuries. Keep taking pictures as you heal. Someone else can photograph the cars, the lanes, skid marks and signals, staying clear of traffic.
- Write down names. Get the other driver's name, insurer and policy number, plus anyone who saw it.
- Keep the paper together. A single box or envelope for hospital bills, missed-shift pay stubs and adjuster letters saves hunting later.
- Ask questions before you sign anything. Plenty of people speak with a lawyer first.
The Deadline for a Spartanburg Crash Claim
South Carolina generally gives you three years to file most personal injury claims.1 That is a deadline for filing suit in court, and talking with an adjuster doesn't stretch it.2
Getting hit by a city truck, a county car or a state vehicle changes things. Special rules may apply when the driver was a government employee working within the scope of the job.4 Under the South Carolina Tort Claims Act, the deadline is generally two years, and a qualifying verified claim may stretch it to three years.5 Damage limits may apply as well.3 More on the car accident filing deadline and wrecks with government vehicles.
Sharing some of the blame doesn't always end a claim. See how partial fault is handled.
What You May Be Able to Recover
Depending on the facts, a person hurt in a wreck may be able to seek money for medical bills, lost pay, lost earning ability, pain and suffering and other losses the crash caused. What's available turns on the evidence, the injuries, the insurance involved and South Carolina law.6 No result can be promised.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
We start by listening: how the wreck happened, how you're doing and what you're worried about. If you hire us, the insurers can usually deal with us. We go over your options together.
We take cases across South Carolina, including Spartanburg County. Our office is on King Street in Charleston. Wrecks with big rigs on I-26 or I-85 have their own page: truck crashes in Spartanburg.
Call and walk us through what happened on the road.
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
How do I get started from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston. Have the report number, photos and any insurance letters handy when you call, if you have them.
The other driver left the scene on I-85. What now?
Report it to the police right away and write down anything you recall about the car and the driver. Your own uninsured motorist coverage may help after a hit-and-run, though claims involving a driver nobody can identify come with special legal requirements.7 Going through your policy with a lawyer can show what proof that coverage may call for.
The officer thinks I was partly to blame. Is my claim over?
You may. South Carolina uses modified comparative negligence, so your recovery can be cut by your share of the fault. With one defendant, you generally can't recover if you were more than 50% responsible.8 How that plays out in your wreck is a question for a lawyer.
How do I know if my wreck is a case?
It generally turns on whether someone else was negligent, whether that caused your injuries and what you lost as a result.9 Spartanburg crash reports, scene pictures, eyewitness names and your hospital chart are the usual starting points for sorting that out.
What should I have ready for the first call?
Whatever you have is fine: the report, pictures, the other driver's insurer, your own policy, medical bills and insurance letters. If half of it is still at the hospital or the body shop, that's okay; records can be requested later.
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.
