What to Do After a Not-at-Fault Car Accident

You are not responsible for damages when the other driver caused the accident

When another driver causes a crash, their insurance company is legally responsible for paying your medical bills, vehicle repairs, and other losses. South Carolina law requires every driver to carry liability insurance specifically for this reason. The other driver's insurer will investigate the accident, and if they determine their driver was at fault, they will pay your claim.

Your role is to document what happened, report it to both insurers, and keep records of all expenses and injuries. You do not need to prove fault yourself — the insurance companies will do that. What matters is that you gather evidence at the scene and follow the right steps so the other driver's insurer has what they need to process your claim.

Key Takeaways

• Call the police and get a written accident report, which the other driver's insurance company will use to investigate.
• Take photos of vehicle damage, road conditions, traffic signs, and the other driver's license plate and insurance card before anyone leaves the scene.
• Report the accident to your own insurance company even though you were not at fault, because they may need to protect your interests if the other insurer disputes liability.
• Keep all receipts for medical treatment, repairs, rental cars, and other accident-related expenses, because you will need them to support your claim.
• Do not accept a settlement offer from the other driver's insurance company until you understand the full extent of your injuries and damages.

What to do at the accident scene

Move to safety first. If you can do so without risk, move your vehicle out of traffic. Turn on your hazard lights. If you cannot move your vehicle or if moving it would be unsafe, stay inside with your seatbelt on and call 911.

Call the police and request an accident report. In South Carolina, you are required to report accidents that result in injury, death, or property damage over a certain amount. Give the dispatcher your location and tell them if anyone is injured. The police report will include the other driver's information, their insurance details, and the officer's observations about how the accident happened — this document is critical because the other driver's insurance company will request it.

Photograph everything before the vehicles are moved. Take pictures of both vehicles from multiple angles, showing the damage clearly. Photograph the accident scene itself: road conditions, traffic lights, stop signs, lane markings, and anything else that shows how the accident occurred. Take a photo of the other driver's license plate, driver's license, and insurance card. If there are witnesses, get their names and phone numbers.

Exchange information with the other driver: their full name, phone number, address, driver's license number, vehicle make and model, license plate number, and insurance company name and policy number. Do not discuss who was at fault or apologize, because anything you say can be used against you later. Keep the conversation brief and factual.

Reporting the accident to insurance companies

Report the accident to your own insurance company within a few days, even though you were not at fault. Your policy requires you to report accidents promptly. Your insurer will not pay your claim — the other driver's insurer will — but your company needs to know what happened in case the other insurer disputes liability or if you need to file a claim under your own coverage for some reason.

When you call your insurance company, have the police report number ready, along with the other driver's insurance information. Describe what happened factually and objectively. Do not speculate about what the other driver was thinking or admit any fault on your part. Stick to what you saw and what happened.

Contact the other driver's insurance company directly. You can find their phone number on the insurance card you photographed at the scene, or you can search online using the other driver's name and policy number. Tell them you were in an accident with their policyholder and that you believe their driver was at fault. Provide your contact information and ask them to send you a claim form. Do not sign anything or accept a settlement offer at this stage.

Documenting your injuries and expenses

Seek medical attention even if you feel fine. Some injuries, like whiplash or internal bleeding, do not show symptoms immediately. A medical record created shortly after the accident is strong evidence that your injuries were caused by the crash. Keep all medical bills, test results, prescription receipts, and records of any physical therapy or follow-up visits.

Keep receipts for all accident-related expenses: vehicle repairs, rental car costs, rideshare or taxi fares while your car was being fixed, and any other costs you incurred because of the accident. If you missed work because of injuries or medical appointments, document the dates and the income you lost. The other driver's insurance company will ask for proof of these expenses when you file your claim.

Write down your account of the accident while it is fresh in your memory. Include the date, time, weather conditions, what you were doing before the crash, how the collision happened, and how you felt immediately afterward. This written statement can help you remember details accurately if the insurance company asks questions weeks or months later.

Working with the other driver's insurance company

The other driver's insurance company will assign a claims adjuster to your case. The adjuster will contact you, ask questions about the accident, and may request medical records and repair estimates. Answer their questions honestly and provide the documents they request. You are not required to give them a recorded statement, but most adjusters will ask for one — you can decline or ask to provide it in writing instead.

The adjuster will also contact the police department to obtain the accident report and may interview the other driver and any witnesses. They will review the damage to both vehicles and may hire their own appraiser to estimate repair costs. This investigation typically takes two to four weeks, though it can take longer if injuries are serious or liability is unclear.

Once the adjuster has completed their investigation, they will contact you with their information. If they agree that their driver was at fault, they will offer to pay your claim. This offer will cover medical expenses, vehicle repairs, and other documented losses. Review the offer carefully and make sure it accounts for all your expenses and losses before you accept it.

When the other insurer disputes fault

Sometimes the other driver's insurance company will dispute liability, meaning they claim their driver was not at fault or that both drivers share responsibility. This is common even when the evidence clearly favors you. If this happens, do not panic — you have options.

First, review the police report. If the officer cited the other driver for a traffic violation, that citation is strong evidence of fault. Send a copy of the report to the other insurer along with a letter explaining why you believe their driver was at fault, referencing the police report and any witness statements.

If the other insurer still refuses to pay, you can file a claim under your own insurance policy's uninsured or underinsured motorist coverage, depending on your policy. Your own insurer will then pursue the claim against the other driver on your behalf. You can also consult with a personal injury attorney, who can send a demand letter to the other insurer or file a lawsuit if necessary. Many attorneys work on contingency, meaning they take a percentage of any settlement or judgment rather than charging you upfront.

Understanding settlement offers

When the other driver's insurance company offers to settle your claim, they will provide a dollar amount intended to cover all your losses. Before you accept, make sure the offer includes all your documented expenses: medical bills, vehicle repairs, rental car costs, lost wages, and any other accident-related costs. If you are still receiving medical treatment, do not settle until your doctor says your treatment is complete, because you cannot go back and ask for more money once you have accepted the settlement.

Read the settlement agreement carefully. Most settlement agreements include a release, which means you agree not to sue the other driver or their insurance company in exchange for the payment. Once you sign a release, you cannot pursue any further claims related to the accident. If you have serious injuries or ongoing medical needs, consider having an attorney review the settlement before you sign.

If the settlement offer does not cover all your losses or if you believe it is too low, you can negotiate. Send the insurer a letter explaining what expenses they missed or why you believe the offer is insufficient, and request a higher amount. Include copies of receipts and medical records to support your position. Many insurers will increase their offer if you provide additional documentation.

Frequently Asked Questions

Do I have to use the other driver's insurance company's repair shop?

No. You can take your vehicle to any repair shop you choose. The other driver's insurance company may recommend a shop, but you are not required to use it. Get repair estimates from at least two shops and submit them to the insurance company. They will pay for repairs at the shop of your choice, as long as the estimate is reasonable.

What if I was partially at fault for the accident?

South Carolina follows a rule called comparative negligence. If you were partially at fault, the other driver's insurance company will reduce their payment by your percentage of fault. For example, if you were 20 percent at fault and your total damages are $10,000, they will pay $8,000. You can still recover damages as long as you were less than 50 percent at fault.

How long does it take to get paid after I accept a settlement?

Most insurance companies will send a check within one to two weeks after you sign the settlement agreement and release. Some may take longer if they need to verify information or if there are complications. Ask the adjuster for a specific timeline when you accept the offer.

Can I sue the other driver even if their insurance company pays my claim?

Once you accept a settlement and sign a release, you cannot sue the other driver for the same accident. The release prevents you from pursuing any further claims. If you have not settled yet, you can pursue a lawsuit, but most cases settle before reaching court.

What should I do if the other driver does not have insurance?

If the other driver has no insurance, you can file a claim under your own policy's uninsured motorist coverage, which covers accidents caused by drivers without insurance. Your own insurance company will investigate and pay your claim up to your coverage limit. You may also be able to pursue a lawsuit against the other driver personally, though collecting a judgment can be difficult if they have no assets.