Car accidents happen unexpectedly and can leave you feeling overwhelmed.
Whether it’s a minor fender-bender or a serious collision, knowing what to do after a car accident in South Carolina can help protect your health, legal rights, and financial interests.
This guide outlines the key steps to take immediately following an accident.
1. Check for Injuries and Call 911
The first priority after any car accident is safety. Check yourself and others for injuries. If anyone is hurt, call 911 immediately and request medical assistance.
Even if the accident appears minor, South Carolina law requires you to report crashes that result in injury, death, or property damage exceeding $1,000.
2. Move to a Safe Location (If Possible)
If the accident is blocking traffic and it’s safe to do so, move your vehicle to the side of the road. Turn on your hazard lights to alert other drivers.
If the car is not drivable, stay inside with your seatbelt fastened until emergency responders arrive.
3. Contact Law Enforcement
In South Carolina, you must report an accident to law enforcement if it involves injuries, fatalities, or significant property damage.
When officers arrive, they will assess the scene and create an official accident report. This report can be valuable evidence when filing an insurance claim or pursuing legal action.
4. Exchange Information with Other Drivers
Gather and exchange the following details with the other driver(s):
- Name and contact information
- Driver’s license number
- License plate number
- Insurance provider and policy number
If there are witnesses, collect their names and contact information as well. Their statements may be useful if liability is disputed.
5. Document the Accident Scene
Taking photos and notes at the scene can help support your insurance claim or a potential legal case. Capture images of:
- Vehicle damage
- Road conditions
- Traffic signals or signs
- Skid marks or debris
- Visible injuries
If you can, write down your recollection of how the accident occurred while the details are fresh in your mind.
6. Seek Medical Attention
Even if you don’t feel hurt immediately after the accident, it’s important to see a doctor. Some injuries, like whiplash or concussions, may not show symptoms right away.
A medical evaluation will also provide documentation of any injuries, which can be critical if you need to file an injury claim.
7. Notify Your Insurance Company
Contact your insurance provider as soon as possible to report the accident. Provide the necessary details but avoid admitting fault.
The claims adjuster will assess the damages and determine coverage based on your policy.
8. Obtain the Official Accident Report
South Carolina drivers involved in a crash must complete and submit Form FR-309 to the South Carolina Department of Motor Vehicles (SCDMV) within 15 days if law enforcement does not complete the report.
If the police handle the report, you can request a copy from the SCDMV, which may be useful when dealing with insurance companies or pursuing a claim.
9. Be Cautious When Speaking to Insurance Adjusters
After an accident, the at-fault driver’s insurance company may contact you for a statement. Be cautious about what you say. DO NOT TALK TO THEM UNTIL YOU SPEAK TO AN ATTORNEY FIRST.
Insurance adjusters may try to minimize your claim or get you to accept a quick settlement that doesn’t fully cover your damages.
10. Understand South Carolina’s At-Fault Insurance System
South Carolina follows an at-fault insurance system, meaning the driver responsible for the accident is liable for damages. You can seek compensation in three ways:
- File a claim with your own insurance – If you have collision coverage or uninsured motorist coverage, your insurance company may cover some of the costs.
- File a claim with the at-fault driver’s insurance – Their insurer should cover medical expenses, vehicle repairs, and other losses.
- Pursue a personal injury lawsuit – If the at-fault driver’s insurance is insufficient, you may need to file a lawsuit to recover damages.
11. Be Aware of South Carolina’s Comparative Negligence Law
South Carolina uses a modified comparative negligence rule (S.C. Code § 15-38-15). This means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are more than 50% responsible, you cannot recover damages.
12. Consult a South Carolina Car Accident Attorney
If you’ve suffered injuries or significant property damage, consulting with a car accident attorney can help you understand your rights and options. A legal professional can assist with:
- Investigating the accident
- Negotiating with insurance companies
- Filing a lawsuit if necessary
An attorney can help maximize your compensation and ensure you are not taken advantage of by insurance companies.
Need legal help after a car accident?
Knowing what to do after a car accident in South Carolina can make a significant difference in protecting your rights and securing fair compensation.
From seeking medical attention to handling insurance claims, following these steps can help you navigate the aftermath of a crash.
If you’ve been injured in an accident, consider speaking with a South Carolina car accident attorney to discuss your options. The right legal guidance can help you recover the compensation you deserve.
Contact our office today for a free consultation to discuss your case.
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