Most people call their insurer before the adrenaline wears off. That first phone call sets the tone for your claim, especially in South Carolina where fault determines who pays. I have sat across from adjusters who sound friendly and reasonable, then watched them use a single stray phrase to argue my client admitted blame. It is not paranoia, it is their job to minimize payout. Your job is to protect your claim while staying honest. The way you describe the crash, the words you choose, and the details you preserve can swing liability by a wide margin.
This guide walks through what to say to insurers, how to prove fault under South Carolina law, and where a car accident lawyer fits into the picture. It applies whether you were hit in a routine fender bender, a highway truck wreck, or a left-turn motorcycle crash. The principles overlap across cases. The stakes, however, rise quickly when injuries are serious or when multiple vehicles or commercial policies are involved.
Fault in South Carolina is a number, not a label
South Carolina uses modified comparative negligence, capped at 51 percent. That means a jury or an adjuster can assign each driver a percentage of fault based on the evidence. If you are 50 percent or less at fault, you can recover damages. Your recovery is reduced by your percentage. If you are 51 percent or more at fault, you recover nothing.
Insurers lean hard on that sliding scale. If they can move you from 20 percent to 55 percent, they save the entire claim value. When you speak to an adjuster, you are not just “reporting the facts.” You are shaping how those facts are interpreted inside a system that converts narratives into percentages. Precision matters.
The first call: what to share, what to hold
People ask what to say in the first conversation. I break it into four parts: identity, basics, coverage, and damage. Keep it factual and lean, avoid speculation, and reserve your right to supplement as more information becomes available.
- Identity: Your name, contact information, policy number, and the date and location of the crash. If you have the claim number from an earlier report, provide it. Basics: The make and model of vehicles involved, the direction of travel, the posted speed limit, and whether police responded. Provide the incident number if you have it. Coverage: Confirm whether medical payments coverage, uninsured or underinsured motorist coverage, and rental coverage applies. Ask for the limits and the process to access each. Damage: That you were injured and plan to seek medical evaluation. Describe visible vehicle damage in neutral terms. Do not assign dollar values or diagnoses.
This is where people go wrong. “He came out of nowhere” sounds harmless, but it can be twisted into a failure to keep a proper lookout. “I’m fine” becomes a lack of injury evidence. “I think I was going 40” invites a speed argument if the limit is 35. You owe them honesty, not guesses. If you are unsure, say you are unsure. If you need time to gather information, say you will follow up.
Politely decline a recorded statement until you have spoken with a car accident attorney. If the call is with your own carrier and your policy requires cooperation, you still have the right to schedule the statement later, review the police report, and consult counsel. Adjusters rarely push back when you frame it as wanting to be accurate.
What proof of fault looks like in practice
Fault is built with ordinary details. Some items carry more weight than others.
The police collision report sets a baseline. In South Carolina, it notes each driver’s narrative, any citations issued, diagrams, and the responding officer’s observations. Adjusters treat it as persuasive, not binding. If the report is wrong or incomplete, a supplemental report can sometimes be added. Body cam or dash cam footage from law enforcement, when obtainable, can clarify disputes.
Independent witnesses are gold. A third party who does not know either driver can tip the scale when stories conflict. Names and phone numbers collected at the scene often disappear by the time an adjuster calls. I tell clients to capture contact info on their phone camera or voice memo if they cannot write.
Property damage tells a story. Where a bumper is crushed or a quarter panel is creased can support or undermine the alleged point of impact. Low-speed crashes can still produce injuries, but the pattern of damage matters. Clear, well-lit photos taken from multiple angles, including intersecting skid marks or debris fields, help reconstruct movement.
Electronic data fills in gaps. Modern vehicles store speed and braking data in event data recorders. Some fleets have telematics. Commercial trucks carry electronic control modules and may have forward-facing cameras. Time-sensitive preservation letters are critical, because companies rotate and overwrite data.
Cell phone usage can be a deciding factor. A simple subpoena of call and data logs can reveal activity around the time of impact. Courts can order access when relevance is shown. Careful handling is needed to target the window without a fishing expedition.
Road design and maintenance sometimes share blame. Sightlines at an intersection, timing of signal phases, missing signage, or pooling water can alter fault analysis. Photographs taken at the same time of day and weather conditions can show sun glare or shadow patterns that affected visibility.
Typical scenarios and how insurers argue them
Rear-end collisions look simple on paper. The trailing driver is usually assumed at fault under the duty to follow at a safe distance. Insurers look for exceptions: a sudden stop in a travel lane without reason, nonfunctional brake lights, or a cut-in merge that removed stopping distance. If you were hit from behind, document brake light condition and the traffic pattern ahead. If you were the trailing driver, evidence of a sudden hazard matters.
Left-turn crashes at intersections are common. The vehicle turning left must yield, but there are nuances. If the oncoming driver ran a fresh red or accelerated to beat a yellow, the left-turning driver’s liability can be reduced. Timing matters down to seconds. Video from nearby businesses can make or break these cases.
Lane change sideswipes often devolve into he-said-she-said. Mirror damage, paint transfer, and scrape direction can indicate who encroached. A clean narrative anchored to landmarks, lane markers, and distances makes you credible when the physical evidence is ambiguous.
Multi-vehicle pileups introduce comparative fault for several drivers. Adjusters try to spread blame thinly so each carrier pays less. Sequencing the impacts with photos, repair estimates, and independent witnesses helps prevent a fair claim from getting diluted.
Motorcycle crashes come with bias. Riders get unfairly tagged as speeding or weaving even when they were visible and steady. Helmet cam footage, headlight modulation evidence, and testimony about lane position can overcome assumptions. If you ride, a motorcycle accident lawyer who understands sight triangle analysis can be invaluable.
Commercial truck wrecks layer federal regulations onto the fault landscape. Hours-of-service violations, improper securement, and inadequate pre-trip inspections create liability Motorcycle accident lawyer beyond simple driver error. A truck accident lawyer will send preservation letters immediately to lock down driver logs, electronic data, and maintenance records. Delay benefits the carrier.
Statements that quietly hurt your claim
I keep a short mental list of phrases that seem innocuous but tend to backfire. These are the ones I hear in recorded statements that later appear highlighted in an adjuster’s evaluation note.
“I didn’t see them.” This is almost always reframed as failure to keep a proper lookout. If visibility was obstructed, say what specifically blocked the view and why you proceeded with caution.
“I’m sorry.” Courtesy at the scene is admirable, but an apology can be spun into an admission. Focus on safety and exchange of information. Let the facts speak.
“I think I was going 45.” If you are not certain, avoid numbers. Better to say you were traveling with the flow of traffic under the posted limit, unless you can anchor a specific speed to a dashboard photo or dash cam data.
“I’m fine” or “I’m not hurt.” Early statements haunt injury cases. Pain can escalate over 24 to 72 hours, particularly with soft tissue injuries or concussions. Safer to say you plan to get checked by a medical professional.
“He came out of nowhere.” Insurers use this to argue distraction. Replace it with details, such as the other vehicle emerged from behind a box truck or from a concealed driveway with vegetation limiting sight distance.
Medical proof and causation
Proving fault is one side of the coin. Connecting injuries to the crash is the other. Adjusters probe for gaps in treatment, prior conditions, and low-property-damage cues to argue the collision did not cause the complaint.
Get evaluated as soon as practical, even if you think symptoms are minor. Tell clinicians about every body part that hurts, even if pain is mild. Consistency across records matters. If you have prior issues, disclose them and explain baseline versus new or aggravated symptoms. South Carolina recognizes aggravation of preexisting conditions. You do not have to be a blank slate to recover.
Follow referrals. Imaging, physical therapy, and specialist visits demonstrate that a provider took your complaints seriously. Self-discharge from care too soon creates an argument that you recovered quickly or that later care is unrelated.
Keep a simple log of pain levels, functional limitations, and missed work. These notes help convert medical codes into lived impact when negotiating.
Recorded statements and when to give them
Your own insurer may require a recorded statement under the policy’s cooperation clause. The at-fault driver’s insurer does not. You can decline, and in many cases you should, at least until you review the police report and your own notes. If you agree to a recorded statement, schedule it after you have rested, with your notes in front of you, and ideally with a car accident attorney on the line.
Expect structured questions. Adjusters ask you to estimate times, distances, and speeds. They often revisit answers later in the call to test consistency. Do not be afraid to say you do not recall or that you would need to check your records. Avoid characterizations like “I was distracted” or “I panicked.” Stick to observable facts.
Photos, video, and the clock
Evidence ages fast. Road crews clean debris, weather changes skid mark visibility, and businesses overwrite footage. If you are physically able, photograph:
- All four corners of every involved vehicle, close-up and wide shots, and the interior if an airbag deployed The roadway, including lane markings, traffic signals, signage, skid marks, debris fields, and fluid trails The surrounding area, especially obstructions, sightlines, and lighting conditions at the same time of day
Save dash cam files immediately. Many devices overwrite within hours. Ask nearby businesses for camera footage the same day, and follow up in writing. If you are hurt and cannot gather evidence, a car accident attorney can send an investigator. In serious truck or motorcycle crashes, preservation letters should go out within days.
Social media is not your friend
Adjusters and defense lawyers look at public posts. A picture of you smiling at a birthday dinner can be used to downplay pain, even if you left early or paid for that night with a flare-up. Set privacy to the strictest level and avoid posting about the crash or your injuries. Do not delete existing content without legal advice, as spoliation can create its own problems.
How comparative negligence plays out in negotiation
Adjusters speak in percentages even if they never say them out loud. If they can pin 20 percent on you because you “should have seen” the car pulling out, they reduce the offer by 20 percent. If they stretch to 51 percent, they deny the claim. Your job is to whittle down any assigned percentage with credible facts.
Here is a common example. You were driving straight through a green when a left-turning vehicle cut across your lane. The other driver tells the insurer you were speeding. The adjuster floats 30 percent fault to you based on “excessive speed.” Without more, that is speculation. If nearby cameras show your approach over several seconds, or if an event data recorder puts your speed within the limit, their theory collapses. If sightlines were clear and the turning driver misjudged your distance, the cleanest path is 0 percent to you.
Another example. You rear-ended a car that braked for a dog that darted into the road. A straight fault assignment to you ignores the sudden emergency doctrine. Evidence of the dog, skid marks, and witness statements can shrink your share significantly. If the lead driver had broken brake lights, liability may flip entirely.
Property damage claims versus injury claims
South Carolina allows you to handle property damage separately from bodily injury. That can make sense if you need a rental quickly and the at-fault insurer accepts responsibility for repairs. Be careful about signing releases. Many property damage releases are limited to the vehicle claim. Some, however, include language that could be construed to cover injury claims. Read every line or have an accident attorney review before signing.
Keep repair estimates and photographs. Insurers sometimes argue that low visible damage equals low injury. That is not necessarily true, but consistent documentation helps an injury lawyer explain the mechanics of the crash, especially in seats with headrests or in vehicles with stiff crumple zones.
When an attorney changes the outcome
People search for a car accident lawyer near me when they feel stonewalled or overwhelmed. Bringing in counsel should not be an emotional reaction. It is a financial decision tied to the size of the claim, the complexity of fault, and the resistance you face. For minor fender benders with no injury and a clear liability acceptance, you may not need a lawyer. For cases with hospital visits, disputed liability, commercial vehicles, or motorcycle bias, experienced representation often pays for itself.
An auto accident attorney does several things quickly: preserves evidence with formal letters, screens medical providers to ensure clean causation notes, manages communication to prevent casual statements from hurting the claim, and builds a liability package that reads like a story, not a jumble of PDFs. In truck cases, a truck accident lawyer will demand driver qualification files, maintenance records, and telematics. In motorcycle cases, a motorcycle accident attorney will document conspicuity and lane position with expert input.
The best car accident lawyer in your situation is not just the one with the biggest billboard. Look for someone who has taken cases to trial, who has handled your specific crash type, and who answers your questions in plain language. If you need local insight, searching for a car accident attorney near me helps you find someone who knows the investigators, medical providers, and court practices in your county.
Dealing with your own carrier
Even when another driver is at fault, your own coverages matter. MedPay can cover immediate medical bills without regard to fault. Uninsured motorist coverage steps in when the at-fault driver has no insurance. Underinsured motorist coverage fills gaps when their limits are too low. These are contractual claims against your own carrier, and the tone is friendlier, but they still evaluate and dispute like any insurer.
Be consistent. A statement to your carrier that differs from what you told the other side will surface. Keep a single set of notes and refer back to them. If you switch from “I was entering the intersection on yellow” to “on green,” expect it to be used against you.
Special issues: workers compensation and vehicle crashes
If you were driving for work, a workers compensation lawyer may need to be looped in. South Carolina workers compensation is generally no-fault, so you can recover medical and wage benefits even if you share blame. At the same time, you may have a third-party claim against the at-fault driver. Coordinating these prevents benefit offsets from eating your recovery. If you were injured while making deliveries, visiting a client, or traveling between job sites, ask a workers comp attorney to evaluate the overlap. Searching for a workers compensation lawyer near me or a workers comp lawyer near me can help you find someone who coordinates both sides.
How to talk about the crash without giving away the case
Think of the insurer’s file as a transcript. You want it to read as careful, precise, and consistent. A few practical habits make a difference.
Write a short timeline the same day or as soon as you can. Note where you were coming from, your route, traffic conditions, weather, and any unusual events before the impact. Include exact times when available from texts, receipts, or dash cam metadata.
Draw a simple diagram with lane markings, arrows for direction of travel, and landmarks. It seems elementary, but visual memory fades. I have had clients change the side of impact months later simply because their brain filled gaps. Your diagram anchors you.
Use neutral language. Replace “they cut me off” with “the vehicle in the adjacent lane moved into my lane when I was approximately one car length back.” Replace “I slammed the brakes” with “I braked hard enough to engage ABS, as felt through pedal pulsation.”
Resist guessing distances. If you can tie a distance to a known unit like lane width, do it. “About half a lane width from the fog line” is better than “a couple of feet” if you are unsure.
What to expect after you report
Insurers tend to follow a pattern. You report the claim. An adjuster is assigned within a day or two, sometimes faster. They gather the police report, contact both drivers, and look for witness statements. If liability appears clear, property damage is handled first. Injury claims are often paused until treatment ends or reaches maximum medical improvement.
If liability is disputed, you may receive an early low offer, sometimes framed as “nuisance value.” Resist settling before you understand your medical course. South Carolina law gives you three years in most personal injury cases, less if a government entity is involved. That provides time to treat and to develop the fault case properly.
If the at-fault carrier denies liability, your options include presenting more evidence, invoking underinsured or uninsured coverage, or filing suit. A personal injury lawyer can file discovery to compel the other side to turn over data. Sometimes the act of filing suit moves a claim that has been stuck in denial into a realistic negotiation.
A word on truth and persuasion
Everything here assumes honesty. Never embellish, never hide, and never coach a witness. The goal is not to outsmart the insurer, it is to prevent your legitimate claim from being devalued by avoidable missteps. Precision is persuasive. When your statements are careful, your documents line up, and your evidence arrives early, adjusters assign lower comparative negligence percentages because they know a jury will see the same thing.
If you need guidance, an injury attorney can coach you through the process without turning your case into a war. Sometimes the calmest voice in the room wins. Sometimes you need a litigator who is ready to take depositions, hire reconstruction experts, and try the case. Pick the tool for the job.
Bringing it together
South Carolina’s fault rules reward discipline and documentation. Say little at the start and say it accurately. Preserve evidence before it disappears. Keep medical records clean and consistent. Watch your social media. Challenge assumptions in common crash scenarios. Use your own coverages wisely. And if you feel the ground shifting beneath your feet, consult a car crash lawyer who knows the local terrain.
Whether you search for the best car accident attorney, the right auto injury lawyer, or simply a car wreck lawyer near you, look for someone who treats your case like a story that needs to be told well. Facts matter. So does the way you present them. When fault is a number and not a label, every careful sentence nudges that number in your favor.