Knowing when to file an accident report is crucial to complying with South Carolina law and protecting your legal rights. At Smith Jordan Law, our Greenville car accident lawyers guide clients through the aftermath of an accident, ensuring they understand their responsibilities and how to move forward.
Keep reading to learn the requirements for filing an accident report in South Carolina and the steps you must take after a crash. If you were hurt in a crash that wasn’t your fault, contact us online or call (864) 343-2222 today.
When are you required to file an accident report?
Accidents involving injuries, death, or significant damage
In South Carolina, the law requires you to file an accident report if the collision results in injury, death, or property damage exceeding $1,000. Under South Carolina law, you must report the accident to law enforcement immediately if these conditions are met. Failing to report an accident in these cases can result in fines or legal complications.
Involving law enforcement on the scene
In most accidents involving injury or substantial damage, law enforcement officers must come to the scene. When police officers arrive, they will complete and file an official accident report, which fulfills your reporting obligation. It’s essential to remain at the scene until law enforcement arrives and provides clearance to leave.
When you need to file your own accident report
If law enforcement does not come to the scene of an accident that meets the injury or damage criteria, you are responsible for filing a report yourself. You can file a written report with the South Carolina Department of Motor Vehicles (DMV) within 15 days of the accident using the form FR-309, which can be found on the DMV’s website.
Why filing an accident report is important
Legal protection
Filing an accident report provides an official record of the incident. This report becomes critical if any legal disputes arise about who is at fault or the extent of the damage. The report documents important details such as:
- Date and location of the accident
- Names and contact information of drivers and witnesses
- Descriptions of injuries and vehicle damage
Having this information documented can protect you if the other party disputes what happened.
Assist with insurance claims
In addition to legal requirements, filing an accident report is important for processing insurance claims. Most insurance companies will ask for a copy of the police report to support your claim. Without an official accident report, the claims process could be delayed, or you might face challenges proving your case.
What information should be included in the accident report?
Whether filed by law enforcement or yourself, the accident report should include:
- Personal information – Names, addresses, and driver’s license numbers of all involved parties
- Vehicle information – License plate numbers, vehicle makes, and models
- Details of the accident – Time, date, location, weather conditions, and a description of the incident
- Injuries and damages – A description of injuries sustained and damages to the vehicles
- Witness statements – Contact information for any witnesses to the accident
What happens if you don’t file an accident report?
Potential penalties
In South Carolina, failure to report an accident may lead to fines, license suspension, or even criminal charges, depending on the severity of the incident. Additionally, not having an official accident report could complicate any legal action or insurance claims that follow.
Delays in compensation
Insurance companies may delay or deny your claim without a filed accident report. This can leave you facing out-of-pocket expenses for vehicle repairs, medical bills, or other damages. Filing the report promptly helps ensure a smoother claims process and faster compensation.
Give us a call and protect your rights
At Smith Jordan Law, we understand that the aftermath of an accident can be overwhelming. Our experienced attorneys are here to guide you through the accident reporting process and ensure you comply with South Carolina’s legal requirements. If you’re unsure about whether to file a report, we can provide clear advice and help you navigate the next steps.
