What to do after a car accident in South Carolina

At the scene: ten steps

1. Stop and stay

   Drivers in a crash involving injury or death, or damage to an attended vehicle, must stop at or as close as possible to the scene and remain until they've exchanged the required information (S.C. Code §§ 56-5-1210, 56-5-1220).

2. Help anyone injured

   The law requires reasonable assistance, including arranging transport for medical treatment when it is apparently needed or requested (§ 56-5-1230).

3. Get out of traffic if it's damage-only

   If nobody is hurt and a drivable car is blocking traffic, make every reasonable effort to move it off the roadway. Moving it doesn't by itself make you liable or at fault (§ 56-5-1220(B)).

4. Call the right agency

   If anyone is injured or killed, notify police immediately: the city police inside city limits, otherwise the county sheriff or the nearest Highway Patrol office (§ 56-5-1260). In Greenville County in 2024, the Highway Patrol investigated 9,355 of the county's 16,478 collisions and the Greenville Police Department investigated 4,438 (SCDPS 2024 Fact Book).

5. Exchange information

   Each driver must give name, address and vehicle registration number, and show a driver's license on request (§ 56-5-1230). Proof of insurance must be kept in the vehicle and may be shown on a phone (S.C. Code § 56-10-225). Photograph the other driver's license, registration and insurance card.

6. Photograph the scene

   Vehicles where they came to rest, all damage, plates, skid marks, debris, signals and signs, weather and lighting, and your visible injuries.

7. Find witnesses

   Get names and phone numbers before people leave.

8. Get the officer's details

   The officer's name, agency, and the report or case number. Keep the FR-10 insurance form if you're given one.

9. Don't argue about fault

   Stick to facts with the other driver and the officer.

10. Hit a parked car?

    Find the owner or leave a conspicuous note with your name, address and the circumstances (§ 56-5-1240).

After the scene: a timeline

Exceptions exist, especially for minors and wrongful death; see deadlines and Greenville courts.

Medical care and medical records

• Get evaluated. Some injuries, such as concussions and soft-tissue injuries, may not be obvious at first. Follow EMS advice. Prisma Health Greenville Memorial Hospital is designated an adult Level I trauma center and a pediatric Level II trauma center for the Upstate region by the S.C. Department of Public Health.
• Tell every provider the injury came from a crash, and describe all symptoms, not just the worst one.
• Request your records. Under HIPAA you have a right to copies of your own medical records. A provider generally must act within 30 days, with one extension of up to 30 more, and may charge only a reasonable, cost-based fee for copies (45 CFR 164.524).
• Keep every bill and explanation of benefits, including pharmacy receipts, mileage to appointments, and medical equipment.
• Follow through. Gaps in treatment are commonly raised by insurers. If you can't attend appointments, write down why.

Dealing with insurance companies

• Your insurer: report the crash promptly and ask which coverages may apply, such as collision, medical payments if you bought it, UM, and UIM (how UM and UIM work).
• The other driver's insurer: you aren't their customer. Consider talking with a lawyer before giving a recorded statement or signing a medical authorization.
• If an insurer stalls or misleads: South Carolina prohibits improper claim practices (§ 38-59-20), and the Department of Insurance's Office of Consumer Services accepts complaints after you've given the company a chance to fix the issue.

Keep a recovery file

A simple folder, paper or digital, makes any claim easier:

• the crash report and FR-10;
• photos and video;
• a short daily or weekly journal of pain, sleep, missed work and missed activities;
• pay stubs or a letter from your employer showing missed time;
• repair estimates, rental receipts and the total-loss valuation;
• every letter and email from insurers, plus notes of phone calls with the date and the person's name.

Common mistakes to avoid

• Leaving the scene before exchanging information, which can be a crime (§ 56-5-1210).
• Not reporting a hit-and-run quickly, which can block an uninsured motorist claim (§ 38-77-170).
• Posting about the crash or your injuries on social media.
• Letting the car be salvaged before it's been fully photographed.
• Assuming you have three years when a government entity, a minor, or a death is involved. Check the deadlines.

Questions to ask when you first talk to a lawyer

1. What is my filing deadline, and what would shorten or change it?
2. What should I stop or start doing now, such as social media, recorded statements, or treatment gaps?
3. Which records do you want me to request, and which will you request?
4. How will you communicate with me, and who handles my file day to day?
5. How is the fee calculated, and what happens to expenses if there's no recovery?

Check any lawyer's license status with the S.C. Judicial Branch attorney search.