Detailed Answer: Moving a South Carolina Personal Injury Claim Forward After You Receive the Crash Report

Short answer: After you get the crash report, preserve evidence and medical records, notify your insurer, gather supporting proof, consider a demand to the at-fault drivers insurer, and consult a South Carolina personal injury attorney promptly so you dont miss deadlines. This is general information, not legal advice.

1. What the crash report does (and doesnt) do

The crash report created by law enforcement is a useful factual summary: location, time, parties, vehicle positions, officer observations, and citations. It helps document the incident, but it rarely resolves fault or value by itself. The report may contain errors or incomplete medical details, so use it as a starting point for building your claim.

2. Key South Carolina rules to keep in mind

• South Carolina laws about motor vehicle operation and accident reporting are in Title 56 of the South Carolina Code of Laws: https://www.scstatehouse.gov/code/title56.php.
• Most personal injury claims in South Carolina must be filed within the states statute of limitations. See Title 15 (Limitation of Actions) for the relevant rules: https://www.scstatehouse.gov/code/title15.php. Do not assume you have unlimited time; act quickly.
• Crash reports and police contact information are often available from local law enforcement or the South Carolina Department of Public Safety (SCDPS). Check SCDPS or the responding agency for how to obtain an official copy: https://www.scdps.gov/.

3. Practical steps to take immediately after you receive the crash report

1. Read the report carefully. Note the officers narrative, listed witnesses, diagram, and citations. Flag discrepancies between the report and your memory or medical records.
2. Preserve evidence. Keep photos, videos, damaged items, vehicle repair estimates, and eyewitness contact details. Save any camera or phone files in a separate, backed-up location.
3. Get and keep medical records. Seek medical care as soon as possible after the crash. Keep copies of ER notes, clinic visits, imaging (X-rays, CT, MRIs), physical therapy records, medication lists, and invoices. Medical records are central to proving injury and damages.
4. Notify your insurance company. Report the crash to your insurer per your policy terms. Provide the crash report number and truthful details. Be careful: do not give recorded statements to the other partys insurer without advice.
5. Contact identified witnesses and get written statements when possible. Witness statements that corroborate your version of events strengthen a claim.
6. Obtain repair estimates and documented wage loss. Keep detailed records of lost earnings, travel for medical care, and other accident-related expenses.

4. Communicating with insurers

Insurers will investigate and request documents. Respond promptly but stick to facts. Avoid speculation or admitting fault. Consider having an attorney handle communications; this often leads to clearer negotiation and can prevent mistakes that harm your claim.

5. Demand letter and settlement negotiations

Once you have medical records, bills, and other proof of damages, you or your attorney can prepare a demand letter to the at-fault partys insurer. A demand typically includes the crash report, medical records and bills, lost wages, photos, and a statement of damages and the settlement amount you seek. Expect back-and-forth negotiation. Many claims settle without going to court, but some require a lawsuit.

6. When to file a lawsuit in South Carolina

If negotiations fail, you may need to file suit before the statute of limitations runs out. The limitation period details are in Title 15 of the South Carolina Code of Laws: https://www.scstatehouse.gov/code/title15.php. An attorney can advise exact deadlines that apply to your situation and any potential exceptions or tolling rules (for example, for minors or certain government-defendant claims).

7. Special issues to consider in South Carolina

• Comparative fault: South Carolina follows a modified comparative negligence framework. If you share fault, your recovery may be reduced by your percentage of fault.
• Sovereign immunity and municipal claims: Claims against government entities or employees may have special notice requirements and shorter deadlines. If a government vehicle or employee caused the crash, seek legal advice quickly.
• Uninsured/Underinsured Motorist (UM/UIM) coverage: If the at-fault driver lacks sufficient insurance, your own UM/UIM policy may provide recovery for injuries. Notify your insurer according to policy terms.

8. When to hire an attorney

Consider hiring an attorney if any of the following apply:

• Significant or permanent injuries
• High medical bills or lost wages
• Disputed fault or complex crash mechanics
• Possible government defendant
• Insurer offers a low settlement or denies coverage

An attorney can evaluate your claim, preserve evidence, manage communications, calculate damages, and file suit if needed.

Helpful Hints

• Make copies of the crash report and all documents; keep originals safe.
• Track every expense related to the crash — medical, transportation, vehicle repairs, and incidental costs.
• Write down your memory of the crash while it is fresh. Note time, weather, traffic, and any conversations.
• Do not sign releases or accept quick settlement offers until you understand your injuries and future treatment needs.
• If you filmed the scene or have dash-cam footage, make backups immediately; data can be lost or overwritten.
• Ask local law enforcement or SCDPS how to obtain the official crash report; different agencies have different procedures and fees. SCDPS: https://www.scdps.gov/.
• Preserve vehicle repair receipts and salvage estimates if your car is totaled; these affect property damage recovery.
• If a government vehicle was involved, contact an attorney quickly to learn about shortened notice periods or special filing rules.

Final note and disclaimer

This article explains common steps people take in South Carolina after receiving a crash report and points to helpful South Carolina law resources (Title 56 and Title 15). It is educational in nature and not legal advice. For advice about your specific situation, contact a licensed South Carolina attorney who handles personal injury and motor vehicle claims.