How to File a Personal Injury Claim in South Carolina After Someone Runs a Stop Sign

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to File a Personal Injury Claim After a Driver Runs a Stop Sign and Hits Your Car

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice specific to your case, consult a licensed South Carolina attorney.

Quick answer — the basic steps under South Carolina law

If another driver ran stop signs and hit your car, your immediate steps are: (1) get medical care; (2) call law enforcement so an accident report is created; (3) preserve evidence and document the scene; (4) notify your auto insurer and the at-fault driver’s insurer; (5) collect records and damages; and (6) consult a personal injury attorney to evaluate fault, damages, and whether to settle or file a lawsuit. South Carolina’s time limit for filing most personal injury lawsuits is limited by the state’s statute of limitations, so act promptly. See the South Carolina Code of Laws (Title 15) for civil actions and limitations.

Detailed answer — step-by-step guide

1. Make safety and medical care your first priority

Immediately seek medical attention for any injuries. Even if injuries seem minor at the scene, some symptoms (like whiplash) can appear hours or days later. Medical records are critical evidence tying injuries to the crash.

2. Call the police and get an accident report

Ask law enforcement to respond and create an official crash report. The police report documents statements, citations, and the crash scene, and it is often requested by insurers and attorneys.

3. Preserve evidence and document the scene

  • Take photos of vehicle damage, road signs (including the stop signs), traffic signals, skid marks, and the surrounding area.
  • Photograph injuries and keep a log of pain and treatment.
  • Collect contact details for eyewitnesses and other drivers.
  • Keep the vehicles in their post-crash condition until your insurer or attorney says otherwise (unless safety requires moving them).

4. Notify your insurance company and the at-fault driver’s insurer

Promptly report the crash to your insurer and provide the basic facts. Be truthful but keep statements brief. Do not accept any settlement or sign releases without understanding the full extent of your injuries and losses. Let an attorney review significant offers.

5. Understand fault rules in South Carolina

South Carolina uses comparative fault rules for civil negligence claims. Under these rules, if you are partly at fault, your recovery is reduced by your percentage of fault. If your fault passes a specified threshold, you may be barred from recovering. Because fault allocation can be contested by insurers, having strong evidence (photos, the police report, witness statements) and legal help is important.

For the official text on civil remedies and comparative fault, consult the South Carolina Code (Title 15). You can review the state code at the South Carolina Legislature’s website: South Carolina Code of Laws.

6. Calculate and document damages

Compensable damages commonly include:

  • Medical bills (past and expected future care)
  • Lost wages and lost earning capacity
  • Vehicle repair or replacement costs
  • Pain and suffering, emotional distress
  • Out-of-pocket expenses (rental car, home help)

Gather medical records, bills, pay stubs, repair estimates, receipts, and any expert reports. These documents form the basis of demand letters and, if necessary, a lawsuit.

7. Demand, negotiate, and consider litigation

Most cases resolve by an insurance settlement. Typically an attorney will prepare a demand package detailing liability and damages and will try to negotiate a fair settlement. If the insurer denies liability or offers an inadequate amount, you may need to file a lawsuit in a South Carolina civil court.

Keep in mind the statute of limitations — you must file suit within the time limit set by South Carolina law or lose the right to sue. See the South Carolina Code (Title 15) for limitation periods: South Carolina Code of Laws.

8. Choosing an attorney and preparing to sue

Look for a South Carolina personal injury attorney who handles motor vehicle collisions and who will:

  • Evaluate liability (driver ran stop signs, traffic laws, eyewitness accounts)
  • Collect evidence and work with accident reconstruction or medical experts if needed
  • Estimate current and future damages
  • Negotiate with insurers and litigate if necessary

When you meet an attorney, bring photos, the police report, medical records, bills, wage records, and any correspondence with insurers.

Helpful hints

  • Seek medical attention immediately and follow your provider’s advice — gaps in treatment can hurt your claim.
  • Obtain a copy of the police crash report as soon as possible; it often contains diagram, citation, and statements.
  • Document the scene with photos and videos from multiple angles and preserve those files (do not post details publicly on social media).
  • Write down your memory of the crash within 24–48 hours while details are fresh; that helps later testimony.
  • Do not admit fault or speculate; say only factual observations to police and insurers.
  • Keep receipts for related expenses (medical co-pays, prescriptions, car rental, towing).
  • Ask insurers for written explanations of any denials or low offers; request the insurer’s reasons in writing.
  • Contact a South Carolina personal injury attorney early to protect deadlines and preserve evidence — many attorneys offer free consultations and work on contingency.
  • Be mindful of the statute of limitations — waiting too long can prevent you from recovering. Confirm deadlines with an attorney.

Where to find statutes and local resources

South Carolina statutes and code are available from the South Carolina Legislature: https://www.scstatehouse.gov/code.php. For questions about filing procedures, court locations, or civil filing rules, consult the South Carolina Judicial Branch website or contact a local circuit court clerk.

When to get legal help

Talk to a South Carolina personal injury attorney if:

  • Your injuries require ongoing or expensive medical care.
  • Liability is disputed or the at-fault driver denies running the stop sign.
  • The insurer offers a low settlement or refuses to pay.
  • You face complex damages like future lost earnings or permanent impairment.

A lawyer can evaluate the strength of your claim, handle settlement negotiations, preserve evidence, and, if needed, file a lawsuit within South Carolina’s legal deadlines.

Final note: This information explains typical steps under South Carolina law for a crash where another driver ran stop signs and hit your vehicle. It is not legal advice. For an assessment tailored to your situation, contact a licensed South Carolina attorney promptly.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.