What to Do After a Car Accident in South Carolina

A car wreck can shatter more than just your windshield. In an instant, it can smash your life to pieces and the future security of your family. Serious collisions leave motorists in severe physical pain, and in the terrifying moments that follow, many simply don’t know what to do. But as an accident victim, you have important legal rights, and taking the right steps immediately is critical to securing fair compensation.

To help you protect your future from the very first moments following a crash, our experienced Greenville car accident lawyers explain exactly what to do after a car accident in Upstate South Carolina below.

1. Prioritize Safety and Secure the Accident Scene

Immediately following a car crash, you must prioritize safety and take the following critical steps:

• Move to a safe location: If your motor vehicle is operable, move it out of traffic to a nearby parking lot or a safe shoulder. However, if it is safe to do so, take a quick photo of the vehicles smashed together before pulling over to preserve vital evidence. Once moved, turn on your hazard lights to prevent further damage. Check yourself and any other passengers for injuries.
• Call 911: You must call the police to the accident scene, as you are legally required to report collisions resulting in injury, death, or more than $1,000 in property damage. When the police arrive, the responding officers will generate an official police report. While the accident report might include an officer’s opinion on who caused the crash, this conclusion is generally inadmissible in court. Still, it is a crucial piece of evidence.
• Watch your words: Never admit fault or apologize to the other driver or police officers. Avoid seemingly harmless phrases like "I was looking at the dash", or "I'm sorry I didn't see you", as insurance adjusters will use these exact words to shift the blame onto you.
• Document the scene: While waiting safely, document the vehicles involved. Take pictures from multiple angles, capturing skid marks, traffic signs, and all vehicle damage.
• Get the other driver's details: Finally, exchange information with the other party. Be sure to collect their name, driver's license number, license plate, and insurance information, specifically noting their insurance provider and policy number.

2. Seek Medical Attention Immediately

Always seek medical attention right away, even if you feel completely fine. Do not self-diagnose by going home and checking WebMD or the Mayo Clinic website. The adrenaline rushing through your body can easily mask the pain of severe injuries like whiplash, concussions, or internal trauma. Whether you head to the emergency room or your primary doctor, establishing immediate medical care creates a direct link between the car accident and your injuries.

Refusing or delaying treatment can be used against you by the insurance company to deny or minimize your insurance claim. Keep diligent records of all medical bills and medical expenses, as these will be vital for your health insurance and future legal action.

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3. Protect Your Claim on Social Media

Social media is a massive potential landmine for car accident victims. Insurance adjusters will actively stalk your Facebook, Instagram, and TikTok profiles looking for any excuse to deny your claim or reduce your settlement. Any information they find can and will come up during negotiations. To protect your case, adhere to strict social media etiquette until your case is completely resolved:

• Don't post about the crash: Never mention the accident or your injuries online, as you could inadvertently say something that implies you were at fault.
• Pause your posting: Avoid posting pictures or videos of yourself at a birthday party, on vacation, or celebrating holidays like Christmas. Insurers will use these everyday images to argue that you are not truly in pain.
• Change your privacy settings: Set all your accounts to private immediately and decline any new friend requests, as insurance adjusters often use fake profiles to gain access to your content.
• Limit tags and locations: Turn off the ability for other people to tag you in pictures without your consent, and disable the "check in" feature on platforms like Facebook so insurers cannot track your movements.

While an experienced car accident lawyer can try to explain it away, it’s better if you don’t post it in the first place.

4. Navigate the Claims Process and Property Damage

Promptly notify your own insurance company about the crash to start the claims process, but stick strictly to the facts. Provide the date, time, and location, but never provide a recorded statement or accept early settlement offers without legal counsel. The other driver's insurance company will likely reach out, but remember that their insurance adjuster is focused on minimizing their payout, not maximizing your recovery.

When you file a claim, the driver's insurance company will dispatch an adjuster or a property damage appraiser to inspect your car and determine repair costs. If you disagree with their valuation of your vehicle, you can invoke the appraisal provision in your insurance policy. The insurer will calculate the actual cash value (or actual cash) of your vehicle if it is totaled, or cover repairs at a trusted repair shop. Be vigilant regarding the use of aftermarket parts versus original equipment, and ensure your agent or insurance company properly processes the vehicle damage.

5. Understand South Carolina Law

South Carolina law operates under a fault-based system, meaning the driver who caused the crash is responsible for the damages. However, determining the driver's fault is governed by a modified comparative negligence rule. This means you can still recover compensation even if you are partially to blame, provided your fault does not exceed 50 percent. The math is straightforward: if you are found to be 35% to blame for the crash, your final settlement will be reduced by exactly 35%.

Additionally, state law dictates that if law enforcement did not investigate the crash and there was an injury or $1,000+ in damages, you must file SCDMV Form FR-309 within 15 days. For filing a personal injury lawsuit, you generally have three years from the date of the crash to pursue action against private citizens or entities on private property, and two years for claims involving government entities.

6. Consult a Personal Injury Lawyer

Dealing with the legal system and fighting an aggressive insurance agent or a driver's insurer requires professional legal help. When seeking compensation for damages, including lost wages, pain, and suffering, consulting an experienced personal injury lawyer is critical. Our skilled attorney will handle all negotiations, ensuring a fair settlement rather than a lowball offer. Because reputable lawyers work on a contingency fee basis, you pay nothing out of pocket for their representation.

Dedicated Legal Advocacy at Elliott Frazier Injury Law

Car accidents are incredibly expensive, with many motorists incurring thousands of dollars in medical care, not to mention damage to their vehicles. At Elliott Frazier Injury Law, we proudly serve accident victims in Greenville and throughout Upstate South Carolina, providing the aggressive representation necessary to hold negligent drivers accountable.

You do not have to face the aggressive tactics of the insurance providers alone. We are committed to securing the financial recovery you need to repair your vehicle, cover your medical costs, and get your life back on track. Contact us today to get started.

Frequently Asked Questions (FAQs)

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What happens if the other driver doesn't have auto insurance?

If the at-fault motorist is uninsured, you can file a claim under the uninsured motorist coverage of your own policy. South Carolina requires all drivers to carry this coverage, which steps in to pay for your bodily injuries and property damage when the responsible party cannot.

How long do I have to report a crash to the DMV?

If law enforcement was not called to the scene, you are legally required to file SCDMV Form FR-309 within 15 days of the crash, provided the incident resulted in an injury, a fatality, or property damage exceeding $1,000.

Will my rates go up if I notify my insurer about a crash that wasn't my fault?

Under state law, your insurer is generally prohibited from raising your premiums if you were not at fault for the collision. However, you are still contractually obligated to report the crash to them promptly to preserve your rights under your policy.

The adjuster offered to pay my medical bills immediately if I sign a release. Should I?

No. Once you sign a liability release, your case is permanently closed. Early offers almost never account for future medical care, delayed symptoms, or lost income. Always have a lawyer review any document before you sign it.

What if I was partially to blame for the collision?

Because the state follows a modified comparative negligence rule, you can still secure financial recovery as long as you were 50% or less at fault. Your total awarded damages will simply be reduced by your assigned percentage of fault (e.g., a 10% assignment of fault reduces your payout by 10%).

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