Were you involved in a car crash in South Carolina? You are certainly not alone. The South Carolina Department of Public Safety (SCDPS) reports that there is an average of fifteen motor vehicle collisions per hour statewide. The scene of an accident can be confusing, even overwhelming. A proactive approach is key: There is certain crucial information that you will need when you file an insurance claim after a car accident in South Carolina. Hopefully, the officer came to the scene.
Notably, you are obligated to report most car accidents in the state. You must have a copy of the officer’s police report of the accident. You can get the police report after the accident, and you should have it for your consultation with your attorney. A police report is an important form of evidence for a car accident case. Here, our Moncks Corner auto accident lawyer provides a comprehensive guide to crash reports in South Carolina.
Know the Law: Reporting a Car Crash in South Carolina
First and foremost, it is important to emphasize that most car accidents in South Carolina need to be reported to the authorities. It is best to call the local or state police so that they can respond to the scene of the collision. Under South Carolina Code § 56-5-1260, you are required to report a car accident to law enforcement immediately if it involves:
- Any physical Injury or any death, or
- Property damage in excess of $1,000.
What is the right approach to reporting a car accident in South Carolina?: If the accident meets the reporting criteria, you must notify law enforcement right away. You should call the police and remain at the scene until an officer arrives—unless there is a medical emergency. Your medical needs are always the highest priority.
Note: If an officer does not investigate the crash, you must file a written report with the South Carolina Department of Motor Vehicles (SCDMV) within 15 days. You can do so by filing the FR-309 Form.
What is Contained in a Car Accident Report in South Carolina?
Reporting an accident in South Carolina is a key legal requirement. It is also an important step to protect your rights and your interests. Indeed, a car accident report is a form of evidence that documents the crash. It can help you navigate the insurance claims process. The police report will contain crucial details about the car accident, such as:
- Time and Date: The report will document the exact time and date of the accident to establish when the incident occurred.
- Vehicle Information: Details such as the make, model, year, and license plate numbers of all vehicles involved will be recorded.
- Location of the Accident: The report specifies the exact location of the crash, including street names, intersections, or mile markers.
- Drivers Involved: Names, driver’s license numbers, and contact information of all drivers involved in the accident are included.
- Description of the Crash: A factual summary explaining how the accident happened, including contributing factors like speed, weather, or road conditions.
- A Graphic Drawing of the Accident: The report typically contains a diagram that illustrates the positioning and movement of vehicles before, during, and after impact.
- Witnesses and Contact Details: Any eyewitnesses who saw the accident occur will have their names and contact information listed for further investigation if needed.
How to Obtain a South Carolina Car Accident Report (A Guide)
You should obtain a copy of the car accident report as soon as it becomes available. The officer will not finalize it until after the accident. The report must be processed first by the South Carolina Department of Motor Vehicles. The report may be available a few days after the accident.
First, you can request the form:
- Online, through the SCDMV website
- Through the mail
- In person at an SCDMV office
Why the Car Accident Report Is Crucial
The insurance company will always want to see a copy of the accident report. Depending on the policy, it may even be a prerequisite for filing a claim. You should review the accident report to see what the officer has written. In some cases, a police officer who shows up at the scene of an accident may not get the facts right. You then may need to challenge some of the facts in the accident report. However, you would need to speak to the officer while their memory is still fresh to make your most effective case. In addition, your lawyer will always ask you for a copy of the accident report.
Attorneys want to review the report either during your initial consultation or immediately afterward. What the officer has concluded about the crash is vital to your attorney’s thinking. If the accident report is at odds with what you are saying, it could call into question the strength of your case. It is always helpful to get your documentation in order as early as you can. It may be understandably difficult for you when you are dealing with physical injuries. An experienced car accident lawyer can help you get organized and position you to file an insurance claim or lawsuit.
Can You Use a Car Accident Report as Evidence at Trial?
As influential as the police accident report is, it is not the conclusive last word in your car accident case. The police report just relays what the officers saw and heard when they arrived at the scene. The police officers did not see the accident themselves, leading to a critical distinction. The insurance company would likely take what the officer wrote seriously, but they may have their own ideas if they have a motivation. In addition, you cannot use the police report as evidence if your lawsuit goes to court. There are rules of evidence that exclude something called hearsay. If the officer was not a witness to the accident, their written report is not by itself definitive proof.
In fact, police officers generally do not get to testify about who caused the accident. First, the police officer did not directly see what happened. The South Carolina Supreme Court has ruled on this issue. They ruled, stating that the police officer had just given an opinion when they testified about the cause of the crash. The officer can only testify about what they saw directly. Though, the report can speak for itself. Still, instead of the officer, the car accident witnesses would be the ones who would testify about the cause of the accident.
How to Challenge Inaccurate Information in a Police Report in South Carolina
A key point to remember is that a police report is a very important form of documentation in a car accident claim in South Carolina. With that being said, the report is by no means perfect. It is not uncommon for a police report to have an error. In some cases, errors are relatively minor. They may not have any real impact on the case—such as if your first name is slightly misspelled. In other cases, an error in a police report can absolutely be material to the case.
If you find inaccurate information in a South Carolina police report after a car accident, take immediate steps to correct it. First, you should obtain a copy of the report from the law enforcement agency that filed it. Identify any errors, such as incorrect vehicle details, driver statements, or accident descriptions. You can gather supporting evidence—photos, witness statements, or medical records—to prove the mistake. You may want to contact the reporting officer or their department and formally request a correction. If the police decline to amend the report, you can submit a written statement of dispute to be attached to the official record for future reference. An experienced South Carolina car accident attorney can help you deal with a flawed report.
Recovering the Maximum Compensation After a Crash in South Carolina
In South Carolina, car accident victims have the right to seek compensation for economic losses and non-economic damages. How do you get compensation? The big insurance companies do not make things easy. They will look for any excuse to reduce the value of your claim or even to deny it outright. Issues related to the evidence—including the car accident report—can be a big deal. Our South Carolina car accident lawyer has the experience you can rely on. We help injured victims seek a settlement or verdict that includes compensation for:
- Property damage, such as vehicle repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earning power;
- Pain and suffering & mental distress;
- Disability or disfigurement; and
- Wrongful death of a family member.
Why Rely On South Carolina Car Accident Lawyers at the West Law Firm
Navigating the aftermath of a crash is never easy. It is normal to have a lot of questions, including about how to get and how to use the police report. If you have been involved in a car accident, your legal rights are on the line from the very first minute after the crash happened. The auto accident attorneys at the West Law Firm represent the injured as they seek full and fair compensation for their damages. We are unafraid to take on the biggest insurance companies on behalf of our clients. Our case results show what our South Carolina car accident lawyer can do for injured victims. With us, you will have access to top-quality advocacy. Our firm is prepared to:
- Conduct a free, comprehensive review of your case;
- Help you get a copy of the car accident police report;
- Help you correct any errors in the police report;
- Represent you in settlement negotiations with insurers; and
- Develop a comprehensive strategy to maximize your compensation.
Contact Our Moncks Corner Car Accident Attorney Today
At West Law Firm, our Moncks Corner car accident lawyer is a skilled, solutions-focused advocate for injured victims. If you have any questions about car accident police reports, we can help. You can schedule a free consultation by messaging us through our website or by calling us today at 843-438-5426. You do not need to pay us anything from your own pocket, and you owe us nothing unless you win your case. With a law office in Moncks Corner, we fight for the rights of victims and families throughout the surrounding region in South Carolina.