Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Understanding Accident Reports in South Carolina
In South Carolina, law enforcement or the Department of Public Safety (SCDPS) prepares an accident report when a crash results in injury, death, or property damage exceeding $1,000. Under S.C. Code Ann. §56-5-1210, you may request a copy of this report and later submit a correction if you identify errors. Accurate reports help insurers evaluate fault and damages.
Detailed Answer
- Obtain and Review the Official Report. Order a certified copy from SCDPS or the law enforcement agency that responded. Compare details—location, date, parties, vehicle positions—and note inaccuracies.
- Gather Supporting Evidence. Collect photos, videos, and witness statements. Use timestamped images and signed witness affidavits. Precise evidence strengthens your request to amend the record and challenges insurer assumptions.
- Submit a Corrected Report to SCDPS. Under S.C. Code Ann. §56-5-1210, you may file a supplemental or corrected report. Provide your version of events, supporting evidence, and a statement of required changes. Contact SCDPS Records at https://www.scdps.gov/ for the proper form.
- Send a Formal Dispute Letter to Your Insurer. Write to the claims adjuster describing the inaccuracies and attach the corrected report plus evidence. Cite S.C. Code Ann. §38-73-515, which requires insurers to conduct a reasonable investigation before denying or underpaying a claim (see https://www.scstatehouse.gov/code/t38c073.php). Ask the insurer to reevaluate liability in light of accurate facts.
- Use Certified Mail and Keep Records. Mail all documents via certified mail with return receipt. Retain copies of letters, emails, delivery receipts, and notes of phone calls.
- Escalate to the South Carolina Department of Insurance (SCDOI). If the insurer fails to respond or wrongfully denies coverage, file a complaint with SCDOI’s Consumer Services Division at https://doi.sc.gov/consumer-complaints. Reference your dispute, statute citations, and case number.
- Consider Hiring an Attorney. If the dispute remains unresolved, consult a South Carolina attorney experienced in insurance claims. They can draft demand letters, negotiate settlements, or file suit under S.C. Code Ann. §38-59-90 for first-party bad faith.
Helpful Hints
- Act Quickly: Statutes of limitations for personal injury claims in South Carolina are generally three years (S.C. Code Ann. §15-3-530).
- Be Consistent: Keep your account of events uniform across all documents and communications.
- Document Expenses: Track medical bills, repair estimates, and out-of-pocket costs to support your claim.
- Stay Organized: Use a single folder (digital or paper) for all evidence, correspondence, and statutory references.
- Follow Up Regularly: Check in with the adjuster every two weeks to ensure your dispute moves forward.