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Frost Law Group · Summerville, SC

What to Do After a Minor Car Accident

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Two cars touch bumpers in a parking lot after a minor car accident, with only light damage showing between them
The short answer

What to do after a minor car accident depends on whether anyone got hurt. If not, move drivable cars aside and swap names, addresses and registration numbers. South Carolina requires a police call only for injury or death. When no officer investigates an injury or $1,000 in apparent damage, Form FR-309 goes to SCDMV within 15 days.

Those duties sit in the crash and reporting article of South Carolina's traffic code. Section 56-5-1220 covers a crash that damages only a vehicle someone is driving or tending. If a drivable car is blocking traffic, its subsection (B) has drivers make every reasonable effort to move it off the roadway. Section 56-5-1260 reserves the immediate police call for crashes that hurt or kill someone. Which duties reach your crash depends on what it damaged and who responded.

Frost Law Group handles injury claims from crashes around Summerville, including ones that began as fender benders. Tara L. Frost is a lifelong tri-county resident. Jack C. Frost has called Summerville home since age eight. A driver with no injury may handle a small property claim without a lawyer. The Frosts can say whether yours looks like that kind of claim.

Questions about a fender bender reach an attorney directly at (843) 419-6653, not a call center. That call with Frost Law Group is confidential, free of charge and free of any commitment.

On this page
  1. Do You Have to Call the Police After a Minor Crash
  2. What Information Should You Exchange
  3. Can You Handle a Small Property Claim Yourself
  4. When Is a Minor Crash Not So Minor
  5. Talk With a Summerville Car Accident Attorney If Symptoms Appear

Do You Have to Call the Police After a Minor Crash

Not when the crash damaged only vehicles, because Section 56-5-1260 ties the immediate police call to injury or death. Frost Law Group works on Summerville car crash claims, and the same statutes cover a parking lot scrape and a wreck on Interstate 26. Many drivers believe $1,000 in damage triggers a mandatory police call. That figure actually belongs to Section 56-5-1270 and the written FR-309.

Calling police can still help. Once an officer investigates, the FR-309 duty falls away, since it covers only crashes no officer looked into. The officer's written report must also list the drivers and witnesses interviewed. Picture a bumper tap at Dorchester Road and Bacons Bridge Road, a junction with 41 collisions in the 2024 SCDPS Fact Book. An officer there can take down names and accounts while everyone still stands beside the cars.

Some small crashes never get a report at all. Frost Law Group also takes on car crash claims that have no police report, where photos and witnesses carry the proof.

The $400 and $1,000 Figures in Two Statutes

Two statutes draw two dollar lines. Section 56-5-1270 sets an injury or death, or $1,000 in apparent damage, as the trigger for SCDMV's Form FR-309, due within 15 days when no officer investigated. Section 56-9-350 separately calls for a written report and insurance verification to SCDMV once uninvestigated damage reaches $400. That section names no form and sets no deadline.

A repair estimate shows which line your damage crossed. Frost Law Group can compare that estimate with both statutes.

Parking Lot Bumps Still Count Under the Traffic Code

Section 56-5-20 confines most of the chapter's driving rules to highways. The article on crashes and reports is an exception, applying "upon highways and elsewhere throughout the State." That reach takes in a grocery store lot or an apartment complex. So the stop, information and reporting duties follow you off the public road.

The SCDPS Fact Book counted 143,801 collisions statewide in 2024, and 108,655 involved property damage only. None of those figures include lot crashes, because the Fact Book tracks public roads alone.

What Information Should You Exchange

Give your name, your address and the registration number of the car you are driving, and show your license if asked. Section 56-5-1230 sets that list whenever a crash hurts someone or damages a vehicle a person is driving or tending. Your insurer will likely want the other driver's company and policy number. So photograph the insurance card and the plate. Frost Law Group can use those same photos later if soreness turns a small claim into an injury claim.

Photos do most of the work in a small claim. Shoot both cars from every corner, the damage up close, both plates and the road or lot around them. Suppose another driver drifts into your lane on Main Street and clips your mirror. Paint transfer and where each car came to rest can help settle a later dispute over who moved first.

Hitting a Parked Car With Nobody Inside

Section 56-5-1240 governs a crash with an unattended vehicle. The driver who hits it must stop and then either locate the owner or leave a written note somewhere easy to see in the struck car. That note gives the names and addresses of the striking car's driver and owner, plus what happened. Striking a fence or sign beside the road carries a similar duty. Under Section 56-5-1250, the driver takes reasonable steps to find and tell the property owner.

When the Other Car Is an Uber or Lyft

Rideshare drivers owe more information than most. Under Section 58-23-1630(H), a transportation network company driver shares insurance details on request. Anyone directly involved can ask, and so can their insurers and the officer who investigates. The driver must also say whether he or she was logged on to the app or on a prearranged ride at that moment. The answer matters, because the coverage the law requires shifts with that status.

Can You Handle a Small Property Claim Yourself

Yes, if the crash hurt nobody, many people handle a small property claim on their own. They work with the at-fault driver's insurer or, if they carry it, their own collision coverage. For plenty of drivers, a minor crash ends with a repaired car and a closed file. Frost Law Group focuses on injury claims, and asking whether yours needs a lawyer at all is a fair question.

The law keeps the car claim moving. An open injury claim, under Section 38-77-330, gives an insurer no ground to refuse or stall a vehicle damage payment. Say the other insurer accepts fault for a crumpled fender on Berlin G. Myers Parkway but holds the check because you mentioned a sore neck. That statute speaks to exactly that stall, though how it applies depends on the facts.

Choosing a Repair Shop and Paying for Loss of Use

The Department of Insurance says you may take the car to any shop you choose. When the claim runs against the other driver's company, the Department says that company must cover reasonable and necessary loss of use. Loss of use means the value of the time you went without your car. Keep rental receipts and a note of each day without the car, since that record supports the loss of use figure.

Magistrate Court and the $7,500 Civil Limit

If a property claim ends up in court, Section 22-3-10 lets a magistrate hear civil claims worth $7,500 or less. In Dorchester County, the Summerville Magistrate Court holds session in the Troy Knight Judicial Complex, 212 Deming Way. Summerville Municipal Court sits at 200 S Main Street and takes traffic tickets and town ordinance cases. Because municipal courts have no civil jurisdiction, a ticket from the crash may go there while your car claim cannot. A suit over the car itself generally must begin inside the three years Section 15-3-530 allows.

When Is a Minor Crash Not So Minor

A minor crash stops looking minor in four situations. Pain shows up, fault becomes an argument, the other driver has no insurance, or an adjuster mails a release. Any one of those can change what to do after a minor car accident, and who should handle the claim. Read every release before signing, since some reach injuries as well as the car. Frost Law Group also represents people after a crash the other driver caused, including small ones that grew into injury claims.

On 2024 Dorchester County reports, officers named Failed to Yield Right of Way as a factor 986 times, the top entry in the SCDPS Fact Book. Followed Too Closely came up 408 times. Low-speed crashes built on those mistakes can leave both drivers insisting they had the right of way. South Carolina reduces an injured driver's award by his or her portion of the blame, and bars recovery once that portion tops 50%. Any split a jury might reach turns on the evidence, which a lawyer can weigh with you.

Soreness That Starts the Next Morning

Some people walk away from a low-speed crash and wake up stiff. See a medical provider when symptoms appear, and mention the crash. That way the chart links the two. Frost Law Group can point you toward an injury evaluation after a car crash if you are unsure where to begin.

If no officer investigated, an injury alone can require the FR-309 within 15 days of the crash, even when the damage stays under $1,000. A lawyer can tell you whether a next-morning injury brings your crash under that rule.

An injury claim generally has its own three-year deadline. Section 15-3-535 starts that clock on the date the injury claim became known, or reasonably knowable, to you. A long wait before treatment may still hand an insurer an argument about cause.

When the Other Driver Has No Insurance

Section 38-77-150 requires uninsured motorist coverage in every auto policy delivered in South Carolina, and it includes property damage. That coverage can pay for a dented door when the driver who caused the crash carried no liability policy. Frost Law Group can review whether a claim against your own carrier makes sense. Your carrier may still contest fault and the amount, just as the other driver's insurer would.

Talk With a Summerville Car Accident Attorney If Symptoms Appear

Pain after a fender bender changes the claim. Once an injury enters the picture, the answer to what to do after a minor car accident grows. It now includes medical records, a possible injury claim and a three-year deadline. Frost Law Group can go over the photos, estimates and insurer letters you already have.

Put Frost first on your list, even if your only question is whether a stiff neck matters. Tara L. Frost and Jack C. Frost offer a free, confidential consultation at 128 Linwood Lane, Summerville, SC 29483. No one can predict how an injury claim will end, but you can learn which deadlines and coverages apply.

Dial (843) 419-6653, or message the Frost Law Group office online, before you sign any release.

A young man holds a coffee mug and talks on the phone at home, following up after a minor car accident left him sore
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