Car accidents can leave you shaken, hurt, and unsure of what to do next. In the middle of the confusion, it helps to know the steps you should take to protect your health, your rights, and your claim. South Carolina has specific rules and deadlines for car accident claims, and acting fast can make all the difference in your recovery and your case.

This guide outlines the key steps to take after a car accident in South Carolina, what the timeline typically looks like, and how an attorney can help guide you through the legal process.

Step 1: Call the Police and Stay at the Scene

Under South Carolina law, you’re required to report an accident to law enforcement if someone is injured, killed, or if property damage appears to be $1,000 or more. It’s always safest to call the police, even for minor accidents, because a police report helps document the facts of what happened.

Stay at the scene, check for injuries, and wait for officers to arrive. Don’t admit fault or make statements about who caused the accident, just stick to the facts.

Step 2: Get Medical Care Right Away

Even if you feel fine, it’s important to see a doctor as soon as possible. Some injuries, like whiplash or concussions, don’t show up right away. Waiting too long to get treatment could hurt both your health and your injury claim. The insurance company might argue that your injuries aren’t serious or weren’t caused by the crash.

Tell your provider about all symptoms, even ones that seem minor. Be thorough and honest so your medical records reflect the full impact of the accident.

Step 3: Document Everything

Good records are key to a strong claim. Start a folder with:

• The police report
• Medical records and bills
• Repair estimates
• Photos of the damage, scene, and injuries
• Witness contact information
• Notes about what happened

Write down your own account of the accident while it’s still fresh. The more detail you can preserve, the easier it will be to build a case later.

Step 4: Notify Your Insurance Company

Most auto insurance policies require you to report an accident soon after it happens. Call your insurer and give basic facts, but be cautious. You don’t need to give a full statement or discuss fault at this stage. Never speak to the other driver’s insurance company without talking to an attorney first.

Step 5: Speak with an Attorney Before You Settle

The insurance company’s goal is to pay as little as possible. If you accept a quick settlement, you could be giving up money for medical care, lost income, or long-term treatment you didn’t know you’d need.

A personal injury attorney can help you:

• Evaluate the value of your claim
• Handle negotiations with the insurance company
• File your case before the statute of limitations expires
• Focus on recovery while they handle the legal process

In South Carolina, you generally have two or three years from the date of the accident to file a personal injury claim. But waiting can hurt your case. Evidence can disappear and witnesses may be harder to find.

Understanding Fault and Comparative Negligence

South Carolina uses a modified comparative negligence rule. This means you can still recover damages if you were partly at fault, as long as you’re not more than 50% responsible. Your compensation will be reduced by your percentage of fault. For example, if you’re found 30% at fault and your damages total $10,000, you’d be eligible to recover $7,000.

Because of this rule, it’s especially important to gather strong evidence and speak with an attorney. Insurance adjusters often try to shift blame to lower the amount they have to pay.

Timeline for a Car Accident Claim in South Carolina

While every case is different, here’s a general timeline for how the process might unfold:

• Immediately After: Seek medical care and call the police.
• Days 1–7: Notify your insurance, gather documents, speak with an attorney.
• Week 1–4: Investigation begins, medical treatment continues.
• 1–3 Months: Demand letter might be sent to the insurance company.
• 3–6 Months: Negotiations take place. If no fair settlement is reached, a lawsuit might be filed.
• 6–12+ Months: Litigation continues. Many cases settle before trial.

Some cases resolve quickly. Others take longer, especially if injuries are severe or liability is disputed. Your attorney will guide you through each stage and help you understand what to expect.

Why Legal Support Makes a Difference

Insurance companies handle thousands of claims every year. They know how to delay, minimize, and deny compensation. Having a legal team that knows South Carolina law ensures you’re not left trying to fight them alone.

An attorney can:

• Work with medical experts to show how the crash affected your health
• Push back against blame-shifting tactics
• Fight for full and fair compensation for your injuries, property damage, and emotional distress

You Don’t Have to Navigate the Aftermath Alone

Getting hurt in a car accident in South Carolina can turn your life upside down. From hospital bills to missed work and constant calls from insurance companies, it’s overwhelming. But you don’t have to face it on your own.

Winslow Law has worked throughout South Carolina and our team is proud to help South Carolinians get the answers, guidance, and legal support they need after a car crash.

Winslow Law—Committed counselors for our clients and community.

FAQs

 

1. What should I do at the scene of a car accident in South Carolina?

Call the police, check for injuries, and exchange information with the other driver. Take photos, talk to any witnesses, and avoid admitting fault. Then, get medical attention as soon as possible.

2. How long do I have to file a claim after a car accident?

South Carolina gives you generally two to three years to file a personal injury claim from the date of the accident. If you wait too long, you could lose your right to recover compensation. It’s best to speak with an attorney well before the deadline.

3. Should I talk to the other driver’s insurance company?

No. You’re not required to talk to the other driver’s insurance company. In fact, it’s better to let an attorney handle all communication. Anything you say could be used to reduce or deny your claim.