Car accidents can be a traumatic and stressful experience that leaves you unsure of how to proceed. However, South Carolina law requires drivers to take specific steps after a crash, regardless of who caused it. Knowing what the law requires can help you protect your rights and avoid legal problems.
Stay at the scene of the accident
South Carolina law requires you to stop immediately after any accident that involves injury, death or property damage. Courts impose serious penalties for hit-and-run offenses. Depending on the crash, you could face fines, a suspended license or even prison time.
If the accident involves death or great bodily injury, leaving the scene is a felony. However, if the accident involves a non-severe injury, it is classified as a misdemeanor.
If your vehicle blocks traffic and you can move it safely, pull it onto the shoulder or another safe location. However, if anyone is injured or the vehicles cannot be moved safely, leave everything in place and wait for emergency responders to arrive.
Provide reasonable assistance
South Carolina law requires you to render reasonable assistance to anyone injured in the accident. You must call for medical help. If it is safe and necessary, you might also need to take the injured person to a hospital.
You should never move an injured person unless they face immediate danger, such as from fire or oncoming traffic, as moving them could worsen their injuries. Your duty is to ensure that professional medical assistance arrives, not to provide medical treatment yourself unless you have proper training.
Failing to provide reasonable assistance when someone is injured can result in criminal charges separate from and in addition to hit-and-run charges.
Exchange information with other people
You must give the other driver your contact and vehicle information. This includes your name, address and vehicle registration number. You should also show your driver’s license if the other party requests it. Similarly, you have the right to receive the same information from them.
If you strike an unattended vehicle or property, you must make a reasonable effort to locate the owner. If you cannot find them, you should leave a note with your contact information in a visible location.
Notify law enforcement when necessary
South Carolina law requires you to report accidents to law enforcement under certain circumstances. If the accident results in injury, death or property damage that appears to exceed $1,000, you must contact the police. An officer will typically come to the scene and create an official accident report.
A police report can help when you file an insurance claim. South Carolina follows an at-fault system. The driver who caused the crash usually pays for the damage.
Having a police report that documents the circumstances of the crash can be critical in establishing fault. Insurance companies and courts often use police reports to decide who caused the crash and how much compensation is owed.
Report the accident to your insurance company
While not technically a legal requirement in all cases, you should notify your insurance company about the accident as soon as possible. Most insurance policies require you to report accidents quickly. If you wait too long, you could lose coverage.
You must file a written accident report with the South Carolina Department of Motor Vehicles within 15 days only if the crash results in injury, death or property damage over $1,000 and a law enforcement officer did not investigate the scene.
Your knowledge protects your interests
Acting quickly after a crash protects your rights and your ability to seek financial compensation. Stop at the scene, help anyone who is hurt, exchange information and call the police when required. Report the crash to your insurance company as soon as possible and file any needed reports with the DMV. These steps help you stay in compliance with South Carolina law and avoid legal or insurance problems.
