After a car accident, your first instinct might be to exchange insurance information and move on, especially if the damage seems minor or no one appears hurt. But skipping the call to law enforcement can have serious consequences. In South Carolina, failing to report an accident could jeopardize your insurance claim, expose you to legal penalties, and leave you vulnerable to false accusations.
Even if the crash seems small, the decision not to involve the police can cost you far more than you expect. Here’s what you need to know to protect your rights and your recovery.
Do You Have to Call the Police After Every Accident in South Carolina?
Not every fender bender requires police involvement, but South Carolina law sets clear rules about when you must report (See S.C. Code Ann. 56-5-1260 and 56-5-1270). According to South Carolina Law, drivers involved in an accident must notify law enforcement if:
- Anyone is injured or killed, or
- Property damage appears to exceed $1,000.
Law enforcement must be immediately notified by quickest means possible if injury or death occurs. If law enforcement did not investigate the collision and/or the vehicles have since been moved from the original scene AND damages are greater than $1,000 or resulted in injury or death to anyone, the South Carolina Department of Motor Vehicles requires all drivers to submit a completed and accurate Traffic Collision Report, Form FR-309 (PDF).
Failing to report an accident that meets these thresholds can result in fines, license suspension, or other penalties. Even if you think the accident is “minor,” it’s often safer to call the police and let them decide whether a report is needed.
Why a Police Report Is So Important
A police report is more than just paperwork. It serves as an official, unbiased account of what happened, and it can be critical for both legal and insurance purposes.
Even if the accident seems minor, involving law enforcement offers several key advantages:
Creates an Official Record
A police report provides an unbiased account of the incident, including:
- Time, date, and location of the crash
- Statements from both drivers and witnesses
- Observations about vehicle damage and injuries
- Preliminary fault assessment
This documentation is important when filing an insurance claim or pursuing legal action.
Protects You from False Claims
Without a police report, the other driver could later change their story, blaming you for the accident or denying it ever happened. A formal report helps prevent these disputes and protects your credibility.
Supports Your Insurance Claim
Many insurance companies require a police report before processing a claim. Without it, your claim could be delayed, denied, or undervalued.
Helps Identify Hidden Injuries
Adrenaline can mask pain. You might feel fine immediately after the crash, only to develop symptoms days later. A police report helps establish a timeline and link your injuries to the accident.
What Can Go Wrong If You Don’t Call the Police?
Not calling the police after an accident might feel like a small choice in the moment, but the consequences can sneak up on you weeks later. Why? Because without an official report, you lose the single most reliable piece of evidence tying everything back to the crash.
Take insurance claims, for example. If there’s no police report, your insurance company may question whether the accident even happened the way you described. The other driver might also admit fault at the scene but later change their story, leaving you without proof.
Even medical issues can become a problem; imagine developing back pain days after the accident, but having no documentation to connect it to the crash. And finally, if damages exceeded $1,000, skipping the report could expose you to fines or penalties under South Carolina law.
What About Minor Accidents or Parking Lot Crashes?
It’s common to think you don’t need police for a small accident,like a parking lot scrape or low-speed bump. But even minor crashes can:
- Hide expensive vehicle damage (such as bent frames or damaged sensors).
- Cause injuries like whiplash that appear later.
- This led to disputes with the other driver about who was at fault.
Even when the law doesn’t require reporting, calling the police can save you headaches later by creating a clear record.
Can You File a Police Report After Leaving the Scene?
Yes, but timing matters. South Carolina allows you to file a report after the accident, but you must do so within 15 days using the FR-309 form to report the accident you haven’t previously contacted law enforcement. Additionally, you must submit the FR-10 to the SCDMV within 15 days to verify insurance. Nevertheless, delayed reports may carry less weight with insurers and courts. If you didn’t call the police at the scene, file a report as soon as possible and consult an attorney to strengthen your case.
When to Call a Lawyer After an Accident
Sometimes an accident causes more than just vehicle damage; it can lead to injuries, lost wages, and insurance complications. In such cases, consulting a lawyer can make a significant difference. An experienced South Carolina car accident attorney can manage communications with insurers, gather evidence to strengthen your claim, and protect you from being unfairly blamed.
