A serious car accident can upend your life in seconds. One moment you’re driving home through Greenville, and the next you’re dealing with injuries, a damaged vehicle, missed work, and an insurance company that may not have your best interests at heart. When the insurer refuses to pay what your claim is truly worth, you may consider filing a car accident lawsuit. Our experienced Greenville car accident lawyers provide a clear, step-by-step look at how the process works in South Carolina, so you know what to expect and when to ask for help.
Lawsuit or Insurance Claim: Which One Do You Need?
Most car accident cases start as insurance claims, not lawsuits. You report the crash, the at-fault driver’s insurer investigates, and you try to settle for what your injuries and losses are worth. For many individuals, that’s where things end.
A lawsuit becomes necessary when the insurance company disputes who caused the crash, denies your claim outright, or offers far less than your case is worth. Filing suit doesn’t mean you’re headed for a dramatic courtroom showdown. More often than not, it’s the step that finally pressures an insurer to take your injuries seriously and negotiate in good faith.
Know Your Deadline: The Statute of Limitations
Before anything else, understand that the clock is ticking. In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit, under S.C. Code Ann. § 15-3-530.
Miss that deadline, and the court can dismiss your case, no matter how strong it is. Three years may sound like plenty of time, but evidence fades, witnesses move, and memories blur. The sooner you begin, the more options you’ll have. If you’re unsure how the deadline applies to your situation, call 866-MCCRAVY for a free consultation right away.
How Fault Affects What You Can Recover
South Carolina follows a modified comparative negligence rule. In plain terms, you can still recover compensation as long as you’re less than 51% at fault for the crash, and your recovery is reduced by your percentage of fault.
Here’s an example. If your damages total $100,000 and you’re found 20% at fault, you’d recover $80,000. But if you’re found 51% or more at fault, you recover nothing. That’s why insurers work so hard to shift blame onto you. Building a case that protects you from unfair fault arguments is one of the most important things your attorney does.
Dealing with a difficult insurer after a Greenville car accident? Call 866-MCCRAVY for a free consultation with McCravy, Newlon, & Clardy. With seven offices across South Carolina, honest help is always close by.
The Steps to Filing a Car Accident Lawsuit in South Carolina
Once you’ve decided to move forward, here’s how filing a car accident lawsuit usually unfolds in practice.
Step 1: Gather and preserve evidence
Strong cases are built on solid evidence. That includes the police report, photos of the scene and vehicles, medical records, witness statements, and proof of lost wages. Knowing how to claim car accident damages starts with documentation, so keep all bills, receipts, and records related to the crash in one place.
Step 2: Send a demand and negotiate
Before filing suit, your attorney usually sends the insurer a demand letter. It lays out how the accident happened, the extent of your injuries, and the compensation you’re seeking. The insurer responds, and negotiations begin. Many cases settle here, without a lawsuit ever being filed.
Step 3: File the complaint
If negotiations stall, the next step is filing the complaint. This is the formal document that officially starts your lawsuit. It names the at-fault driver, describes your injuries, and states what you’re asking the court to award. Once it’s filed and served, the other side has a limited time to respond.
Step 4: Move through discovery
Discovery is the fact-finding phase. Both sides exchange documents, answer written questions, and take depositions, which are interviews given under oath. This stage can take several months, but it’s often where your case grows stronger as the full picture comes together.
Step 5: Settlement, mediation, or trial
Many individuals don’t realize that the vast majority of car accident lawsuits settle before trial. A case often resolves through mediation, where a neutral third party helps both sides reach an agreement. If no fair settlement is reached, your case proceeds to trial, where a judge or jury decides the outcome.
Frequently Asked Questions About Car Accident Lawsuits
Do I have to go to court if I file a lawsuit?
Usually not. Most South Carolina car accident lawsuits settle before they ever reach a courtroom, often through negotiation or mediation. Filing suit is frequently what motivates the insurer to make a fair offer. If your case does go to trial, we’ll prepare you for each step.
How much does it cost to get started?
Your consultation with McCravy, Newlon, & Clardy is completely free and carries no obligation. Many car accident cases are handled so that you pay no attorney’s fee unless you recover compensation. We’ll explain exactly how fees work during your free consultation, so there are no surprises.
The insurance company already made me an offer. Should I accept?
Be cautious before signing anything. First offers are often far lower than what your case may be worth, and once you accept, you usually cannot reopen the claim. It costs nothing to have us review the offer first.
Talk to McCravy, Newlon, & Clardy Before You File
Knowing how to file an accident claim is one thing. Handling it well while you’re trying to heal is another. Insurance companies have teams working to limit what they pay. You deserve someone who understands the process and will be honest with you about your options.
At McCravy, Newlon, & Clardy, we believe in an honest, ethical, and client-focused approach. We’ll explain where your case stands, take on the legal work, and pursue fair compensation for your injuries and losses. Our consultations are free, and with seven offices across South Carolina, including Greenville, help is never far away.
Injured in a car accident? Call 866-MCCRAVY for a free consultation with McCravy, Newlon, & Clardy, with 30 years of experience and seven offices across South Carolina.