If you hit a police car by accident, stay calm. Treat it like any other crash. Make sure no one is hurt, move your car if needed, and call for help. You are still protected by the law, but it’s important to speak with a Greenville car accident lawyer as soon as you can.
Fault matters in South Carolina, and you don’t want to assume you’re to blame without a proper review. This guide answers common questions if you were in a crash with a police car in South Carolina.
Can I get in trouble if I hit a police car?
Maybe, but not always. Accidents happen, and you are not automatically guilty just because the other car was a police car. In South Carolina, fault is based on how the crash happened, not who was involved.
You could be ticketed if you broke a traffic law, like running a red light. But if the officer was speeding, didn’t use lights or sirens, or was distracted, they could be partly or fully at fault.
Should I call 911 after the crash?
Yes. Even if the officer involved doesn’t seem hurt or is already calling it in, you should still call 911 yourself. This helps create a record that you reported the crash. It also protects you in case things are reported differently later.
When help arrives, stay calm and be respectful. Answer their basic questions, but don’t say anything that sounds like you are taking the blame. Try to keep your responses short and focused.
Will I automatically be blamed because it was a cop?
No. South Carolina follows modified comparative negligence. This means you can still get money for your injuries and damage if you are less than 51% at fault. If the officer was more at fault than you, you can file a claim. Even if both sides made mistakes, you can still get something, as long as your fault is not more than theirs.
What if the crash report says I caused the accident?
The police report matters, but it’s not the final word. Officers can make mistakes and may miss key facts or make quick calls under stress.
In South Carolina, law enforcement uses the TR‑310 traffic collision report form. The form includes fields for officer observations and contributing factors such as speeding, failure to yield, or driver behavior. Those fields may suggest who did what during the crash, but they are not binding proof of legal fault.
The crash report is one piece of evidence among many others involved in proving liability. If the report feels wrong, you can ask for a change. But officers rarely amend reports unless there is clear proof, like a wrong name or license plate.
Can I still sue if the report says I’m at fault?
Yes. A lawyer can still build a case even if the officer wrote that you were at fault. Your legal team can gather other evidence, like photos of the crash scene, black box data, witness statements, and phone records.
If your lawyer shows that the officer was partly or fully to blame, you may still recover money for medical bills, lost wages, and pain and suffering. On the other hand, if the officer was hurt and believes you caused the crash, they could file a claim against you. In that case, your insurance may handle it, but you should still talk to a lawyer to protect your side.
Who pays if I hit a police car?
That depends on the fault. If you are mostly at fault, your insurance may have to pay for the officer’s car and injuries. If you were hurt, too, your medical bills may be covered by your own policy, depending on your coverage.
If the officer caused the crash, you can file a claim against the city or state. You usually have to file a special form and follow time limits, and the process varies by state. In South Carolina, you have to file your claim within two years of the accident if it involves a government agency or employee.
Should I talk to the officer’s insurance company?
Not without legal advice. The city or county may have its own insurance team or lawyers. They may call you quickly and ask you to give a statement. Always talk to your lawyer before agreeing to this. What you say can be used against you, even if it was an honest mistake.
In the meantime, get medical care, even if you feel okay. Be sure to write down everything you remember about the crash and take photos of your car and injuries. If you can, get a copy of the crash report.
Talk to Smith Jordan if you’ve been in a crash with a police car
If you hit a cop car by accident, you need legal advice from someone who understands how South Carolina law works. At Smith Jordan, we’ll listen to your story and help you figure out the next steps. We won’t rush you, and we’ll always be honest about what your case looks like. Contact us today by scheduling online or calling (864) 343-2222.