At Connell Law Firm, we are a family-run practice based in Lugoff, South Carolina, with over 25 years of experience representing individuals and families throughout the state. Our attorneys handle a wide range of cases, including auto accidents, personal injury, workers’ compensation, medical malpractice, and business litigation. We are committed to providing competent, passionate legal representation to all of our clients.
A hit-and-run accident can happen without warning and leave you with injuries, vehicle damage, and unanswered questions. In South Carolina, drivers have a legal duty to stop at the scene, provide information, and assist anyone injured. When a driver leaves without doing so, the law treats it as a serious offense. Whether you were struck while driving, walking, or parked, knowing what steps to take immediately after the crash can protect your health, your rights, and your ability to recover damages through your insurance company or a car accident attorney.
In this blog, you’ll learn the key steps to take after a hit-and-run accident in South Carolina, what the law requires, how to protect your claim, and why working with an experienced Lugoff car accident lawyer can help you pursue the compensation you deserve.
Immediate Steps to Take at the Scene of a Hit-and-Run Accident
Knowing what to do immediately after a hit-and-run accident can protect your safety, preserve key evidence, and support your claim.
Ensure Safety and Call Emergency Services
Move to a safe location if your vehicle is drivable. Check yourself and others for injuries. Call 911 right away. Request emergency medical services if anyone is hurt. Ask for police officers to come to the scene. Reporting the hit-and-run crash to law enforcement is required and helps begin the investigation. South Carolina drivers involved in accidents must stop and render assistance under S.C. Code § 56-5-1210.
Do Not Chase the Hit-and-Run Driver
Do not follow or attempt to stop the hit-and-run driver. This puts you and others at risk. Stay at the scene and wait for the police. Give officers as much information as you can about the other driver and their vehicle.
Collect and Preserve Evidence
Write down everything you remember. Record the license plate number if possible. Note the vehicle’s make, model, color, and damage. Describe the driver involved if you saw them. Take photos of the accident scene, your car, and any injuries. Look for debris or paint transfer. If your vehicle hit a parked car or unattended vehicle, leave your contact information as required by S.C. Code § 56-5-1240.
Talk to Witnesses
Speak to anyone who saw the accident. Ask for their names and phone numbers. Witnesses can help identify the at-fault driver and support your version of events. Their statements may be important to both the police and your insurance company.
Get Medical Attention
Even if you feel fine, see a doctor after a hit-and-run accident. Injuries are not always immediately visible. Medical records help connect your injuries to the crash. This is important when filing an insurance claim for medical expenses, lost wages, or other damages.
Report the Accident to the Police
File a full report with responding officers. If police do not arrive at the scene, report the accident at the nearest station. Include all known details about the crash and the fleeing driver. The police report becomes key evidence when dealing with the insurance company or pursuing legal action.
Gather All Possible Evidence
The right evidence can help identify the hit-and-run driver, prove fault, and support your insurance or legal claim.
Collect Identifying Information
Write down everything you can about the other driver and vehicle. If you saw the license plate number, record it immediately. Note the make, model, color, and any visible damage. Try to remember which direction the hit-and-run driver fled. If you saw the driver, include a description of their appearance, clothing, and behavior.
Take Photos and Video
Use your phone to take clear pictures of the accident scene. Photograph your vehicle’s damage, broken glass, skid marks, road signs, and nearby landmarks. Capture wide shots to show the full scene and close-ups of specific damage. If safe, record a video to provide additional context. Visual proof can help confirm how the crash happened and who was at fault.
Look for Physical Evidence
Check for debris left by the hit-and-run vehicle, such as broken parts, paint transfer, or tire marks. These can help law enforcement link the fleeing vehicle to the accident. Preserve anything you find and tell police officers where it was located.
Gather Witness Statements
Speak to anyone who witnessed the crash. Ask for their full name, phone number, and a brief description of what they saw. Witnesses can confirm details such as the direction the driver went, the vehicle description, and how the accident occurred. This is helpful if the other driver is later identified or if your insurance company needs verification.
Save Medical and Expense Records
Keep copies of all medical bills, treatment records, and injury reports. Track expenses related to lost wages, car repairs, and other property damage. These documents support claims under your own insurance policy or through a personal injury case if the at-fault driver is found.
File a Police Report
Reporting a hit-and-run accident to law enforcement is required by South Carolina law and helps document the incident for insurance and legal purposes.
Report the Accident Immediately
If the police do not arrive at the scene, go to the nearest station as soon as possible. Under S.C. Code § 56-5-1260, drivers involved in an accident that results in injury, death, or significant property damage must report it without delay. Give a full and honest account of what happened, including the time, location, and visible injuries or damage.
Provide All Known Details
Share everything you observed about the hit-and-run driver and vehicle. Include the license plate number if available, make and model, and the direction the vehicle went after leaving the scene. Mention any injuries, even minor ones, and describe the condition of your car and any property damage. This information becomes part of the official accident report.
Include Witness Information and Evidence
Give the police contact details for any witnesses and share all photos or video footage you collected. Mention any physical evidence found at the scene. The more details you provide, the better chance law enforcement has of identifying the driver responsible for the crash.
Request a Copy of the Report
Ask for a copy of the police report once it is completed. You will need this when filing a claim with your insurance company or if you work with a car accident attorney. The report serves as a key document in proving that the other driver fled the scene and that you followed the proper steps.
Notify Your Insurance Company Promptly
After a hit-and-run accident, report the incident to your insurance company as soon as possible to start the claims process.
File Your Claim Quickly
Call your insurance company or use their online system to report the accident. Provide a copy of the police report, photos of the damage, and any identifying information you have about the hit-and-run driver. Delaying your report may affect your claim, especially if you rely on coverage under your own insurance policy.
Understand Your Coverage Options
In South Carolina, uninsured motorist coverage is mandatory under S.C. Code § 38-77-140. This coverage may apply when the at-fault driver cannot be identified. It can help pay for medical expenses, property damage, and lost wages resulting from the hit-and-run crash. Review your insurance policy to confirm your coverage limits and deductibles.
Respond to Insurance Requests
Cooperate with your insurance adjuster by answering questions and submitting requested documents. Keep records of all medical bills, vehicle repair estimates, and other accident-related expenses. The more evidence you provide, the stronger your claim.
Be Cautious with Claim Denials
Some insurance companies may deny claims if they believe there is not enough evidence to prove the accident involved a hit-and-run driver. A car accident lawyer can help if your claim is delayed, reduced, or denied. Legal guidance may be useful if the insurance company disputes liability or damages.
Legal Consequences for the Hit-and-Run Driver in South Carolina
Leaving the scene of an accident is a criminal offense under South Carolina law and carries serious penalties depending on the damage or injury caused.
Criminal Penalties for Leaving the Scene
South Carolina law clearly defines the legal responsibility of any driver involved in an accident. Drivers must stop at the scene, provide identifying information, and render assistance if needed. Failing to do so is a criminal act.
If the hit-and-run accident caused only property damage, the charge is a misdemeanor. Penalties include fines, jail time, and points on the driver’s license. If the crash involved bodily injury or death, the charges become felonies. A hit-and-run resulting in injury can bring up to one year in prison and a fine of up to $10,000. If the accident caused a death, the driver faces up to 25 years in prison.
Administrative Penalties
In addition to criminal charges, the South Carolina Department of Motor Vehicles may suspend or revoke the fleeing driver’s license. A conviction for leaving the scene places points on the driver’s record and may result in higher insurance costs or the cancellation of coverage. A suspended license can also create long-term issues with employment and transportation.
Duty to Render Aid and Exchange Information
All South Carolina drivers involved in an accident must stop and give their name, address, and vehicle registration to the other party. They must also show a driver’s license and offer reasonable assistance, including calling for emergency medical services if needed.
Contact an Experienced Lugoff Car Accident Attorney Today!
If you’ve been injured in a hit-and-run accident, don’t wait to get the help you need. Our team at Connell Law Firm is ready to guide you through your legal options, deal with the insurance company, and fight for full compensation.
Contact us at [phone] for a free case consultation today!