In the moments after a car wreck, confusion and adrenaline can take over. Your heart races, your thoughts scatter, and in a split second, you’re forced to make decisions that could affect your health, finances, and even your legal future.
Unfortunately, what many South Carolinians don’t realize is that the first few minutes after a crash are often the most legally important. What you do—or fail to do—can determine whether you receive full compensation or face denied claims and blame for an accident you didn’t cause.
At The Bill Connor Law Firm, we’ve seen countless clients lose critical leverage in their personal injury cases because of simple, avoidable mistakes made at the scene. In this article, we’ll walk you through the top five mistakes people make after a car accident in South Carolina—and how to avoid them so you can protect your rights from the very start.
Failing to Call Law Enforcement Immediately
In South Carolina, failing to call the police after an accident is one of the most common—and costly—errors.
Even if the crash seems minor, you should always contact law enforcement. The responding officer will create an official accident report (FR10), which is often the single most important piece of evidence in a personal injury claim.
Without this report:
- It becomes your word against the other driver’s.
- The insurance company may deny your version of events.
- Critical details—like skid marks, debris, and witness statements—may never be recorded.
South Carolina Law Requires It
Under South Carolina Code § 56-5-1210, drivers involved in an accident that results in injury, death, or property damage of $1,000 or more must report the crash to law enforcement immediately.
If you fail to do so, you could face legal penalties—and worse, jeopardize your chance to recover damages.
Tip: Even if the other driver begs you not to “get the police involved,” don’t agree. Protect yourself by ensuring an official record is made.
Admitting Fault or Apologizing
It’s human nature to apologize, even when something isn’t your fault. But those two words—“I’m sorry”—can be devastating in a personal injury claim.
Insurance companies and defense attorneys will use any perceived admission of fault against you, even if you were simply trying to be polite.
What You Should Say Instead
- Exchange information calmly and professionally.
- Limit what you say to the facts: time, location, and vehicle details.
- Never speculate about who caused the crash. Leave that to the investigation.
Remember: South Carolina follows a modified comparative negligence rule—if you’re found to be 51% or more at fault, you can’t recover damages. Even partial blame can significantly reduce your settlement.
Tip: Let the evidence—not your emotions—speak for you.
Failing to Seek Immediate Medical Attention
After a wreck, you might feel fine and think you’ve escaped injury. But the truth is, many serious injuries don’t show symptoms right away.
Adrenaline masks pain, and conditions like whiplash, concussions, internal bleeding, and soft tissue injuries can take hours—or even days—to fully appear.
If you wait too long to get medical care, the insurance company will argue that:
- You weren’t really hurt, or
- Your injuries weren’t caused by the accident.
The 72-Hour Rule
Always get evaluated by a medical professional within 72 hours of the crash. Doing so creates an official medical record linking your injuries directly to the accident—a key piece of evidence for your claim.
Even a quick visit to urgent care or your primary care doctor is enough to establish that crucial connection.
Tip: Tell every medical provider you see that your injuries are from a motor vehicle accident so it’s documented in your chart.
Failing to Gather Evidence at the Scene
One of the biggest mistakes victims make is leaving the scene without collecting evidence. Even if police arrive, their report may not include every detail that supports your case.
Think of your smartphone as your best tool. Here’s what you should capture before you leave:
- Photos of all vehicles (close-ups and wide shots)
- License plates and driver’s license information
- Road conditions (wet pavement, potholes, debris)
- Traffic signals or signs near the crash site
- Skid marks or fluid leaks on the road
- Injuries—document visible bruising or cuts right away
- Witness statements and contact info
Tip: If you can’t take photos yourself, ask a passenger, bystander, or responding officer to help. The more documentation you have, the stronger your claim will be later.
Talking to the Insurance Company Too Soon
After an accident, expect a call from the other driver’s insurance adjuster within 24–48 hours. They may sound friendly, but their goal is not to help you—it’s to save their company money.
Adjusters are trained to:
- Get you to admit partial fault, even casually.
- Ask questions designed to minimize your injuries (“You’re feeling okay now, right?”).
- Push you into accepting a quick, low settlement before you understand the full extent of your damages.
What to Do Instead
- Politely decline to give a recorded statement.
- Refer all communications to your attorney.
- Do not sign anything or accept payment without legal review.
Tip: Once you have legal representation, insurance companies must go through your lawyer—protecting you from manipulation and costly mistakes.
Not Calling an Attorney Early
Technically, this one happens after the scene—but it’s often the most serious error of all.
The decisions you make in the hours and days following an accident will shape your case. By contacting a South Carolina car accident attorney early, you can:
- Ensure your rights are protected from day one.
- Get help gathering and preserving evidence.
- Prevent insurance companies from twisting your words.
- Receive guidance on medical treatment, documentation, and next steps.
At The Bill Connor Law Firm, we’ve seen far too many cases weakened by simple missteps that could have been avoided with a single phone call.
FAQs: What to Do (and Not Do) After a Car Wreck in South Carolina
1. Should I move my car after a wreck?
If it’s safe and the vehicles are blocking traffic, yes—move them to the shoulder. But take photos first to document positions before anything changes.
2. What if the other driver leaves the scene?
Stay calm, call 911 immediately, and give as much detail as possible (vehicle make, model, color, direction, or plate number). Leaving the scene of an accident is a hit-and-run, a criminal offense in South Carolina.
3. How soon should I notify my insurance company?
Report the accident to your own insurer within 24–48 hours. But provide only the basic facts—your attorney can handle detailed communication later.
4. Can I still file a claim if I was partly at fault?
Yes, as long as you are less than 51% at fault under South Carolina’s comparative negligence law. Your compensation will be reduced by your percentage of fault.
5. How much time do I have to file a lawsuit?
In South Carolina, the statute of limitations for personal injury claims is three years from the date of the accident. However, the sooner you act, the stronger your case will be.
Conclusion
No one expects to get into a car accident—but when it happens, the actions you take in those first few minutes can have lasting consequences.
By avoiding the top five mistakes—failing to call law enforcement, admitting fault, delaying medical treatment, neglecting evidence, and talking to insurers too soon—you protect both your health and your financial future.
In South Carolina, protecting your rights starts with knowledge, and ends with having the right advocate on your side.
Take Control of Your Recovery
If you’ve been injured in a car accident in Orangeburg, Columbia, Charleston, or anywhere across South Carolina, don’t let one mistake cost you your claim.
Call The Bill Connor Law Firm today for a free, no-obligation personal injury consultation.
Attorney Bill Connor—a Retired U.S. Army Infantry Colonel, AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and a proven South Carolina trial lawyer—has recovered millions for accident victims and their families.
He’ll help you avoid the pitfalls insurance companies count on and fight to secure the full compensation you deserve.
