Many people assume that if they are “not at fault” in a car accident, the process of recovering compensation will be simple. Unfortunately, this is often not the case. Even when another driver clearly caused the crash, insurance companies and legal disputes can complicate the claims process.
In South Carolina, accident victims may still face mounting medical bills, lost wages, vehicle repairs, and long-term recovery challenges, even when they did nothing wrong. Insurance adjusters may question injuries, dispute liability, or pressure victims into quick settlements that do not fully cover their losses.
Knowing the proper steps to take after a not-at-fault accident is critical to protecting both your physical health and your legal rights. This guide explains what to do immediately after a car crash, how insurance and fault are handled, what compensation may be available, and when it’s time to contact a South Carolina auto accident attorney.
9 Steps to Take After an Auto Accident When You’re Not at Fault in South Carolina
If you’ve been involved in a car accident that wasn’t your fault, taking the right steps after an accident can make a significant difference in your recovery and your claim.
1. Ensure Safety and Call 911
Your first priority should always be safety.
- Check yourself and others for injuries
- Move to a safe location if possible
- Call 911 to request police and medical assistance
Even if injuries seem minor, it is best to have emergency responders assess the situation.
2. Seek Immediate Medical Attention
Prompt medical care is essential after any accident.
- Some injuries may not show symptoms right away
- Medical records help document accident-related injuries
- Delaying treatment may weaken your claim
Seeing a doctor protects both your health and your legal case.
3. Call Law Enforcement and Obtain a Police Report
A police report is one of the most important pieces of evidence in a car accident case.
- Officers document what happened
- They collect witness statements
- They may note traffic violations
This official record often plays a key role in determining fault.
4. Gather Evidence at the Scene
If you are physically able, collect as much evidence as possible.
- Take photos of vehicle damage, injuries, and road conditions
- Get contact information from witnesses
- Exchange insurance and license details
Strong evidence can help support your version of events.
5. Avoid Admitting Fault or Making Statements
Be careful with what you say at the scene.
- Do not apologize or accept blame
- Stick to basic facts when speaking with police
- Avoid speculating about what happened
Even casual remarks can be misinterpreted later.
6. Notify Your Insurance Company
Most insurance policies require prompt reporting.
- Provide basic information about the accident
- Avoid detailed recorded statements without legal advice
- Do not guess or exaggerate
Your insurer needs notice, but you should be cautious about what you share.
7. Keep Records of All Expenses and Losses
Documenting your losses is essential for seeking full compensation.
Keep records of:
- Medical bills and prescriptions
- Lost wages and time off work
- Vehicle repair estimates
- Out-of-pocket expenses
- Pain and suffering notes
These records help show the true impact of the accident.
8. Be Cautious When Dealing with the Other Driver’s Insurance
The at-fault driver’s insurance company is not on your side.
Adjusters may:
- Ask for recorded statements
- Downplay your injuries
- Offer quick, low settlements
Early offers rarely reflect the full value of a claim.
9. Consult a South Carolina Car Accident Attorney
Legal guidance is often crucial in not-at-fault accident cases. An attorney can:
- Handle insurance negotiations
- Protect you from unfair tactics
- Calculate fair compensation
- Build a strong case
Working with an experienced auto accident lawyer helps ensure your rights are protected.
Can I Get Compensation If the Accident Wasn’t My Fault in South Carolina?
Yes. If another driver caused your accident, you may be entitled to compensation for your losses.
Common forms of compensation include:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
South Carolina follows a modified comparative negligence system. This means you may still recover compensation if you were 50% or less at fault for the accident.
If you are found partially responsible, your compensation may be reduced by your percentage of fault. An experienced attorney can help challenge unfair fault determinations.
Should I Talk to the Other Driver’s Insurance Company?
Insurance adjusters often contact victims shortly after an accident. While this may seem helpful, it is important to proceed with caution.
Risks include:
- Recorded statements used against you
- Pressure to downplay injuries
- Early settlement offers that are too low
You are generally not required to give a detailed statement to the other driver’s insurer. It is often best to refer communications to your attorney, especially if injuries are involved.
Remember, insurance companies prioritize minimizing payouts, not maximizing your recovery.
How Is Fault Determined in a South Carolina Car Accident?
Fault in a car accident is determined by examining multiple sources of evidence, including:
- Police reports
- Witness statements
- Physical evidence
- Traffic laws
- Accident reconstruction (when needed)
Negligence principles play a central role in fault determinations. A driver may be considered negligent if they failed to act with reasonable care. Traffic violations, such as speeding or running a red light, often influence fault decisions. However, disputes are common, even in cases that seem straightforward.
Insurance companies may try to shift blame to reduce their financial responsibility. Legal representation from your lawyer can help counter these tactics.
How Long Do I Have to File a Claim After a Not-At-Fault Accident in SC?
In South Carolina, the statute of limitations for most personal injury claims is three years from the date of the accident. This means you generally have three years to file a lawsuit seeking compensation.
Waiting too long can harm your case because:
- Evidence may be lost
- Witnesses may become unavailable
- Memories fade
- Insurance issues become more complex
Speaking with a personal injury attorney early helps preserve your legal rights and strengthens your claim.
What Damages Can I Recover If I Wasn’t Responsible for the Accident?
Accident victims who are not at fault may be eligible for several types of damages.
Economic Damages
These are measurable financial losses, such as:
- Medical expenses
- Lost income
- Future medical care
- Vehicle repairs
- Rehabilitation costs
Non-Economic Damages
These compensate for personal losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
Punitive Damages
In rare cases involving extreme misconduct, punitive damages may be awarded to punish the at-fault driver.
Attorneys and insurers calculate damages by reviewing medical records, financial documentation, expert opinions, and long-term effects. Fair compensation should reflect both immediate and future impacts of your injuries.
Contact Our Experienced Car Accident Attorneys in Beaufort, SC
Being involved in a car accident that wasn’t your fault can still leave you facing serious physical, emotional, and financial challenges. Taking the right steps, understanding your rights, and handling insurance companies carefully are essential to protecting your future.
If you need experienced legal guidance, the team at Harvey and Battey is here to help.
Our South Carolina personal injury attorneys include: William B. Harvey III, Thomas A. Holloway, J. Samuel Scoville, and Austin M. Blake.
Harvey and Battey is a full-service law firm with more than 100 years of combined experience serving Beaufort and the Lowcountry. We are committed to building long-term relationships with our clients and being “your law firm for life.”
Our personal injury department focuses on:
- Personalized representation
- Community involvement
- Thorough case preparation
- Aggressive advocacy for fair compensation
Having experienced legal counsel can make a meaningful difference in not-at-fault accident cases. We work to protect your rights and pursue the compensation you deserve. If you or a loved one has been injured in a South Carolina car accident, contact Harvey and Battey below for a consultation.