What to Do After a Car Accident in South Carolina:
A Complete Guide
A few simple decisions in the first 24 hours after a car accident can determine whether you receive fair compensation from the insurance company — or nothing at all. Here's what every South Carolina driver should do immediately after a crash to protect both their health and their legal rights.
Call 911 and Stay at the Scene
Never leave the scene of an accident before speaking with law enforcement, even if the crash seems minor — leaving early can expose you to a separate hit-and-run charge. Call 911 right away; South Carolina law requires you to report accidents involving injury, death, or more than $1,000 in property damage, and having police respond creates an official report that can matter later if the insurance company disputes what happened.
Check for Injuries and Get to Safety
Check yourself and your passengers for injuries first. If it's safe to do so, move vehicles out of the flow of traffic and turn on your hazard lights; if someone is seriously hurt or the vehicles can't be moved, stay put and wait for emergency responders. Injuries aren't always obvious immediately after a collision, so allow EMS to evaluate everyone at the scene rather than assuming you're unhurt.
What Evidence Should You Collect After a Car Accident?
Once everyone is safe, documentation becomes critical. Photograph vehicle damage from multiple angles, the road conditions, any visible injuries, and nearby traffic signs or signals, and collect the other driver's contact and insurance information along with any witnesses' details. Write down your own account of what happened while it's still fresh, since memory fades faster than most people expect.
What NOT to Say After a South Carolina Car Accident
It's natural to want to apologize or explain yourself at the scene, but avoid admitting fault, guessing about what happened, or saying you're "fine" if you're not sure. Insurance adjusters begin reviewing claims soon after a crash, and early statements — even well-intentioned ones — can be used to minimize what you're owed later.
Understand South Carolina's Reporting Rules
South Carolina requires you to report an accident to police if it involves injury, death, or more than $1,000 in property damage. If officers don't investigate a reportable crash, you're responsible for filing your own report — Form FR-309 — with the SCDMV within 15 days.
South Carolina's Comparative Negligence Rule
South Carolina follows a modified comparative negligence rule known as the "51% bar." You can still recover compensation even if you were partly at fault for the accident, as long as your share of fault is 50% or less — but if you're found 51% or more at fault, you're barred from recovering anything. In many cases, fault is negotiated between the insurance companies involved before a lawsuit is ever filed, although a jury ultimately decides fault if the case goes to trial. This is exactly why insurance companies pay close attention to what you say in the days after a crash.
Uninsured and Underinsured Motorist Coverage
South Carolina requires every automobile insurance policy to include uninsured motorist (UM) coverage, with minimum limits of $25,000 per person and $50,000 per accident, which applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage is different and optional — insurers must offer it, but you aren't required to buy it — and it applies when the at-fault driver does have insurance, but not enough to cover your damages. If you purchased UIM coverage, it may provide additional recovery once the at-fault driver's policy limits are exhausted.
Seat Belt Use and Your Claim
Under South Carolina law (Section 56-5-6540), the fact that you weren't wearing a seat belt currently cannot be used as evidence against you in a civil injury claim. This protection has faced legislative challenges, so it's worth confirming current status with an attorney if this issue comes up in your case.
Notify Insurance, But Watch What You Share
Contact your own insurance company to report the accident, but be careful with the other driver's insurer — you're not obligated to give them a recorded statement, and adjusters are trained to ask questions that can minimize your claim. Be cautious about signing medical authorization forms or broad releases early on, and think carefully before posting about the accident on social media, since insurers do review public posts when evaluating claims.
Property Damage: Rental Cars and Total Losses
Depending on the applicable insurance coverage, you may be entitled to a rental vehicle while your car is being repaired or until a total-loss claim is resolved. If your insurer declares your vehicle a total loss, you're generally entitled to its fair market value, and depending on the circumstances and whose insurer is paying the claim, you may also be able to pursue a separate diminished value claim if a repaired vehicle is now worth less due to its accident history.
See a Doctor, Even If You Feel Okay
Seek medical attention as soon as possible, ideally the same day. Some injuries don't produce noticeable symptoms right away, and medical documentation created close to the time of the crash is some of the strongest evidence connecting your injuries to the accident.
Five Mistakes That Can Hurt Your Injury Claim
Delaying medical treatment after the crash
Giving a recorded statement to the other driver's insurance company
Posting about the accident or your injuries on social media
Accepting the insurance company's first settlement offer without review
Discarding damaged property, clothing, or other physical evidence from the crash
When Should You Call a Lawyer?
Not every accident requires an attorney, but you should strongly consider speaking with one if your case involves serious injuries, a commercial truck, a drunk or impaired driver, multiple vehicles, disputed fault, or an insurance company denying liability altogether.
Frequently Asked Questions
Should I go to the ER after a car accident? If you have any pain, dizziness, or uncertainty about your condition, seeking emergency or urgent care evaluation the same day is the safest choice, since some injuries aren't immediately apparent.
What if the accident wasn't my fault? South Carolina's comparative negligence rule allows you to recover compensation as long as you're found 50% or less at fault, even if the other driver disputes responsibility.
Can I still recover if I was partly at fault? Yes, as long as your share of fault doesn't exceed 50% — your compensation is simply reduced by your percentage of fault.
Should I call my insurance company first? Notifying your own insurer promptly is generally expected under most policies, but be careful about the details you provide until you understand the full scope of your injuries and damages.
Do I need a lawyer after a rear-end collision? Even in seemingly straightforward cases, consulting an attorney before dealing extensively with insurance adjusters can help protect your claim from early missteps.
How much is my case worth? Case value depends on factors like medical expenses, lost wages, property damage, and the severity of your injuries — a claim's true value often isn't clear until treatment is complete.
What happens after I file a claim? The insurance company will investigate, may request documentation or a statement, and will eventually make a settlement offer, which you have the right to negotiate or reject if it doesn't reflect your actual damages.
After a serious accident, you should be focused on healing — not arguing with insurance companies. Stegall Law helps injured South Carolinians understand their rights, preserve important evidence, and pursue the compensation they deserve. If you've been injured anywhere in Berkeley, Charleston, Dorchester, or the surrounding Lowcountry, we're here to help.
Disclaimer: This article is for general informational purposes only and is not legal advice. Every accident is different, and reading this article does not create an attorney-client relationship. If you have questions about your specific situation, consult a qualified South Carolina attorney.