What to Do After a Hit-and-Run Accident in South Carolina
A hit-and-run accident is one of the most stressful and frustrating experiences a driver can face. In an instant, you’re left dealing with vehicle damage, potential injuries, and uncertainty, while the at-fault driver disappears. Unfortunately, these incidents are not uncommon in South Carolina.
Knowing what to do in the moments, hours, and days after a hit-and-run accident can make a significant difference when it comes to protecting your health, your rights, and your financial recovery. From understanding South Carolina law related to hit-and-run accidents to getting medical treatment immediately, taking the steps outlined in this post can help you get the best possible outcome for your case. Our Simpsonville personal injury lawyers will advocate for your rights and work to get you maximum compensation.
At Brooks Derrick Accident and Injury Lawyers, we are committed to helping our clients get justice. We understand how devastating any type of accident can be and will work hard to get you the money that you deserve. Reach out to our law firm today to schedule a free initial consultation with a South Carolina car accident attorney.
Understanding Hit-and-Run Laws in South Carolina
Under South Carolina law, drivers involved in a motor vehicle accident are required to stop, provide identifying information, and render reasonable aid to anyone injured. If a driver fails to do so, they could be charged with a criminal offense.
Depending on the circumstances of the case, including the severity of the accident, leaving the scene of an accident can be charged as a misdemeanor or a felony. Potential penalties include a license suspension, fines, and even jail time.
For victims of hit-and-run accidents, the immediate concern isn’t necessarily what criminal punishment the other driver may receive. Instead, the focus is more on what they should do to protect themselves and their legal rights.
What Should I Do If I Am a Victim of a Hit-and-Run in South Carolina?
After a typical auto accident where both drivers stop and exchange information, it is often easier to figure out what to do next. Both parties will probably contact their insurance companies, and the process will unfold from there.
But when the at-fault driver speeds off from a crash site, it can be a lot harder to figure out your next steps. Below, we outline what to do if you are hurt in a hit-and-run accident. If you have additional questions, give us a call to schedule a free consultation.
Prioritize Safety and Seek Medical Attention
Your health and safety should always come first. Immediately after a hit-and-run accident, you should:
- Check yourself and any passengers for injuries.
- Call 911 if anyone is hurt.
- Move your vehicle to a safe location (if possible).
Even if your injuries seem relatively minor, it’s always a good idea to get evaluated by a medical professional. Some injuries, such as whiplash or internal trauma, may not show symptoms right away. Delayed pain is fairly common, and a failure to get medical treatment can make for poorer outcomes.
Medical records will also serve as critical evidence if you decide to pursue a personal injury claim later. This documentation will create an important link between the accident and your injuries.
Call the Police and Report the Accident
In South Carolina, reporting a hit-and-run accident is essential. Not only will you be complying with the law, but it will also be important for any claim that you may ultimately make. The police can also investigate the accident and potentially find the at-fault driver.
When law enforcement arrives, provide a detailed account of what happened. Try to share any information that you can remember about the vehicle that hit you. Avoid saying anything that may indicate that you were partially at fault for the accident, as this can potentially impact your claim.
A police report creates an official record of the accident. It can play a key role in identifying the responsible driver and supporting your claim.
Gather as Much Evidence as Possible
In hit-and-run cases, evidence is often important when it comes to identifying the responsible driver and securing compensation. If you are able, try to collect:
- The make, model, color, and direction of the fleeing vehicle
- Partial or full license plate numbers
- Photos and videos of the accident scene, damage to your vehicle, skid marks, debris, or other road conditions
- Names and contact information for witnesses
Even small bits of information can make a big difference. For example, if you notice that a nearby business has cameras, that video footage may help law enforcement track down the at-fault driver.
Do Not Chase the Other Driver
It may be tempting to follow the driver who hit your car and left the scene. But this can be dangerous and may even put you at legal risk.
Pursuing the other vehicle could lead to additional accidents. It could also escalate the situation and put you in harm’s way. Instead of chasing the other driver, focus on documenting as much information as possible and then allow law enforcement to handle the investigation.
Notify Your Insurance Company
After a hit-and-run accident, one of your first calls (after contacting law enforcement) should be to your insurance company. That is because your own insurance company may actually cover your losses if the at-fault driver cannot be located.
In South Carolina, all auto insurance policies are required to include uninsured motorist (UM) coverage. This insurance may cover your medical expenses, lost wages, vehicle repairs, pain and suffering, and other losses if the at-fault driver cannot be found or does not have car insurance.
Just remember to be cautious when speaking with insurance adjusters, even when they represent your own insurer. If you end up filing a UM claim, anything that you say to the insurance company could be used to undermine your case. For this reason, you should probably avoid providing a recorded statement without legal guidance.
Understand Your Legal Options
Even if the driver is never found, you may still have options for recovering compensation. In a South Carolina hit-and-run case, you may be able to:
- File a claim through your uninsured motorist coverage.
- Pursue a personal injury lawsuit against the driver if they are identified.
- File a lawsuit against a third party (such as a local government agency) if they bore some responsibility for the crash.
As long as you are 50% or less at fault for the accident, you can recover damages for your losses. Consulting with an attorney is the best way to understand your rights and ensure that you get the money that you deserve for your losses.
Be Aware of Deadlines
Personal injury claims in South Carolina are subject to a statute of limitations, which limits the amount of time that you have to file a lawsuit. Generally, you have 3 years from the date of the accident to pursue a claim.
In addition, acting quickly is crucial to preserving evidence, locating witnesses, and building a strong case. Any delay in moving your case forward can weaken your claim and potentially prevent you from recovering compensation.
Consult a South Carolina Personal Injury Lawyer
Hit-and-run cases present unique challenges. When the responsible driver is unknown, dealing with insurance companies and navigating legal requirements can become even more complex. An experienced personal injury lawyer can:
- Investigate the accident and gather evidence.
- Work with law enforcement to identify the driver.
- Handle communications with insurance companies.
- Maximize your compensation through a UM claim.
- Represent you in court if necessary.
Having a skilled South Carolina car accident attorney by your side can improve your odds of a successful outcome. This is particularly true in cases where the insurance company isn’t willing to pay you a fair settlement and where you have suffered severe injuries.
Help for South Carolina Hit-and-Run Victims
A hit-and-run accident can leave you feeling powerless. By taking the right steps after a crash, you can protect your health, preserve critical evidence, and increase the likelihood of a successful claim. Our South Carolina personal injury law firm can help you get the money that you deserve for your losses.
Brooks Derrick Accident and Injury Lawyers handles all types of motor vehicle accident claims, including hit-and-run cases. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Call our law offices at 864-531-7765 or fill out our online contact form to schedule a free consultation with a Simpsonville car accident lawyer.

