The Short Answer
If someone ran a red light and hit you, they are usually the one at fault. What you do in the next few days matters most: get checked by a doctor, document what happened, and hold off on giving the other driver's insurance company a statement until you know how badly you were hurt.
In South Carolina you generally have three years from the crash to file a lawsuit. Evidence like security video can disappear much sooner, so the earlier you talk to someone, the better.
Our firm helps people across South Carolina after crashes like this. Talk to us today, whichever way is easiest for you:
- Call: Columbia (803) 790-2800 or Myrtle Beach (843) 427-2800
- Chat: use the chat on this page
- Message: send us a short message and we will get back to you
Call our office for a free consultation. You owe no attorney fees or case costs unless we recover money for you.
Table of Contents
- The Short Answer
- What to Do Right Now
- Who is at fault when someone runs a red light?
- What if I was partly at fault?
- What You Can be Paid for, and Whose Insurance Pays
- Talking to the Insurance Company
- Deadlines, Timeline, and What Your Case May be Worth
- Where you were hit: Columbia, Myrtle Beach, and the Upstate
- Do You Need a Lawyer?
- Frequently Asked Questions
- Sources
What to Do Right Now
Do these in order as best you can. If you can only do two, make it the first two.
- Get safe and call 911. Move out of traffic if you can. If anyone is hurt, ask for police and an ambulance. South Carolina law requires drivers to report a crash with injuries to police right away.
- Get medical care, even if you feel okay. Adrenaline can hide pain for hours or days. Concussions, whiplash, and back and neck injuries often show up later, and a record from the day of the crash protects your claim.
- Take photos and video. Capture both vehicles, the intersection, the traffic light, skid marks, road conditions, and your injuries.
- Look for cameras. Note nearby businesses, gas stations, and traffic cameras. Many systems record over old footage quickly, so this is worth doing before you leave.
- Get names and numbers. You need the other driver's name, phone, plate, insurance company, and policy number. Ask any witnesses for their contact information, because someone who saw the light can make a big difference.
- Stick to facts with the officer. Describe what you know. Skip guesses about speed, distance, or who was at fault.
- Tell your own insurance company about the crash. Your policy likely requires prompt notice. Keep it to the basics.
- Start a simple notebook. Write down your pain, missed work, appointments, and the everyday things that are harder now, like sleeping, driving, lifting a grocery bag, or picking up your kids. These details matter as much as the medical bills.
- Call us before you discuss your injuries with the other driver's insurance company. We can walk you through what to expect.
If police did not come to the scene, South Carolina generally requires a written report to the DMV within 15 days when there are injuries or at least $1,000 in damage.
Hurt in a red light crash? You do not have to handle the insurance company alone. Call Columbia (803) 790-2800 or Myrtle Beach (843) 427-2800, chat with us on this page, or send us a message.
Who is at fault when someone runs a red light?
South Carolina law is simple on this point: a driver facing a steady red light must stop at the stop line (or the crosswalk, or before the intersection if there is no line) and wait until the light changes. A driver who goes through on red and causes a crash is usually responsible for it.
"Usually" is not "automatically," though. Fault comes down to proof, and the proof matters most when the other driver says the light was green or yellow for them.
How fault gets proven
- Video. Traffic cameras where they exist, nearby businesses, dashcams, and doorbell cameras can show exactly what happened.
- Witnesses. People who were not in either car often carry the most weight.
- 911 calls and the police report. These help, but the report is one piece of evidence, not the final word. Read more in the car accident report does not dictate the outcome of your case.
- Vehicle data. Many newer vehicles record speed and braking in the seconds before a crash.
- Physical evidence. The damage on each vehicle, skid marks, and where the cars ended up can show who entered the intersection first.
- Traffic signal records. The city or the state can have records of how a signal was timed and maintained.
What if the other driver says you ran the light?
Stay calm and do not argue at the scene. Take your photos, get witness names, and call us. This is the situation where early evidence matters most, because video gets recorded over and memories fade.
One common red light crash is the side impact, often called a T-bone, which can cause serious injuries. Read more in our guide to T-bone accidents in South Carolina.
Not sure who was at fault? Tell us what happened and we will tell you honestly what we see. Call Columbia (803) 790-2800 or Myrtle Beach (843) 427-2800, chat with us on this page, or send us a message.
What if I was partly at fault?
You may still be able to recover money. South Carolina uses a rule called modified comparative negligence, which works like this:
- If you are 50% or less at fault, you can recover, but your payment is reduced by your share of the blame.
- If you are more than 50% at fault, you cannot recover.
Here is a simple example. Say your losses add up to $100,000 and a jury decides you were 20% at fault. You would recover $80,000. This is only an illustration, not a prediction for any case.
The other side may point to speeding, phone use, or not looking before you moved through the intersection to move some of the blame onto you. Even a small percentage lowers your payment, so avoid guessing about fault in any statement, and do not apologize at the scene. A calm, factual account is always better.
What You Can be Paid for, and Whose Insurance Pays
What you can recover
A full recovery covers more than the bills in your mailbox. Depending on your case, it can include:
- Medical bills, past and future, including therapy and medication. See our guide to compensation after a car accident in South Carolina.
- Lost income, including time off work and any change in your ability to earn.
- Pain and suffering, and the way the injury has changed your daily life. We explain this in damages beyond pain and suffering.
- Vehicle repair or replacement and a rental car while yours is fixed.
We pay close attention to the small things, too: the hobby you had to give up, the sleep you are losing, the help you now need around the house. They are part of your claim.
Whose insurance pays
Often more than one policy is involved.
| Coverage | What it does |
|---|---|
| The other driver's liability insurance | Pays for your injuries and damage when they caused the crash, up to their policy limits. South Carolina's minimum is $25,000 per person and $50,000 per accident for injuries, and $25,000 for property damage. |
| Your uninsured motorist coverage | Required in South Carolina. It steps in if the at-fault driver has no insurance or leaves the scene. See an accident with an uninsured driver. |
| Your underinsured motorist coverage | Optional. It can help when the other driver's limits are too low to cover your losses. Read about underinsured motorist coverage. |
| Your medical payments coverage | Optional on many policies. It can help with medical bills no matter who was at fault. See medical payment coverage. |
| Your health insurance | Can pay for treatment while your claim is open. It may ask to be repaid later. See health insurance liens. |
A serious injury can use up minimum limits quickly. We review your own policy to see what else may be available, including whether stacking applies. Please do not let a medical bill keep you from getting care. Tell your provider the injury came from a car accident, and call us with questions about how bills get paid.
Talking to the Insurance Company
Expect a call from the other driver's insurance company, often within days. The adjuster may be pleasant, but remember that the company works for its own customer, not for you. We go deeper in should I talk to the insurance adjuster?
Safe to do
- Report the crash to your own insurance company and share the basics.
- Give the other insurer your name and contact information, and tell them you will follow up.
- Keep every letter, email, and offer in one folder.
Better to wait on
- A recorded statement. You are not required to give the other driver's insurance company one. Talk to a lawyer first.
- Describing your injuries. If someone asks how you are, "I am still being evaluated" is a complete answer. Some injuries take days to show up.
- Signing a broad medical release. It can give access to years of unrelated records. Read should I sign health authorizations after an accident?
- An early settlement offer. Accepting usually ends your claim for good, even if your injuries turn out to be worse than expected.
- Posting on social media. A photo from a good day can be taken out of context.
Had back or neck pain before the crash? That does not end your claim. See pre-existing conditions and your injury case.
Deadlines, Timeline, and What Your Case May be Worth
How long do I have to file?
In South Carolina you generally have three years to file a lawsuit for injuries from a car crash. The clock runs from the date you knew, or reasonably should have known, that you were injured.
Two important cautions:
- Government vehicles. If the driver was in a city bus, police car, or county or state vehicle, different rules apply. The lawsuit deadline is generally shorter (two years), there are notice steps, and the law limits how much can be recovered. Call us right away if this might be your situation.
- Evidence runs out sooner than the deadline. Video is recorded over, vehicles get repaired or scrapped, and witnesses move on.
There are a few exceptions that can change the clock. We explain them in exceptions to South Carolina's statute of limitations.
How long will my claim take?
It depends mostly on how long it takes to learn the full extent of your injuries. We do not rush to settle before you know what recovery and future care look like. A straightforward claim with clear fault and a full recovery can resolve in months. Serious injuries, disputed fault, or a lawsuit often take a year or longer.
Whatever the timeline, you will always know where your case stands. For more, see South Carolina personal injury case timeframes and what to expect after you file a lawsuit.
What is my case worth?
No two cases are the same, and we will not give you a number before we understand your injuries and the insurance coverage available. These are the main factors:
- How serious and how lasting your injuries are
- Your medical bills now and what future care may cost
- Time away from work and any change in your ability to earn
- How clearly the evidence shows the other driver was at fault
- How the injury has changed your everyday life
- The insurance coverage that is available, including your own policy
See how much money you may be entitled to after a car accident for more.
Where you were hit: Columbia, Myrtle Beach, and the Upstate
South Carolina law and the claims process work the same way across the state, so everything above applies wherever you were hit. We take cases throughout the whole state, and our offices are conveniently located so our team can travel to you if needed. Here is what to know for your area.
| If you were hit in | What to know | Call | Learn more |
|---|---|---|---|
| Columbia and the Midlands | Our Columbia office is at 5205 Forest Drive. | (803) 790-2800 | Columbia car accident lawyers |
| Myrtle Beach and the Grand Strand | Our Myrtle Beach office is at 2411 N Oak St, Suite 105-F. Visiting from out of state? South Carolina law generally applies to a crash that happened here, even if you live somewhere else. Call us from wherever you are. | (843) 427-2800 | Myrtle Beach car accident lawyers |
| Spartanburg and the Upstate | We take cases throughout the Upstate, and our team can travel to you if needed. Call either office. | Either office | Spartanburg car accident lawyers |
Not sure which office to call? Call whichever is closer, and our team will take it from there.
Getting your crash report. Wherever you were hit, you can request your collision report from the South Carolina DMV online, at a DMV branch, or by mail. The official copy is not available until the DMV has received and processed it, so it may take some time. If you are one of our clients, we will handle this for you.
Do You Need a Lawyer?
Not every crash needs one. If nobody was hurt and the damage is minor, you may be able to handle it through insurance. It is worth a call if any of these are true:
- You went to the ER or by ambulance, or you are still in pain
- You have missed work or expect to
- The other driver says you ran the light
- The other driver has no insurance, or very little
- A commercial truck, rideshare, or government vehicle was involved
- The insurance company made an offer, denied your claim, or stopped returning calls
- Children or other passengers were hurt
- You are not sure what to do next
Our free consultation is a no-pressure conversation. We will tell you honestly what we see and whether we are the right fit. If we are not, we will do our best to point you in the right direction.
What it costs
We handle injury cases on a contingency fee basis. You pay nothing upfront, and you owe no attorney fees or case costs unless we recover money for you. For more detail, read how much personal injury lawyers charge in South Carolina.
What it is like to work with us
- We listen first. We want to know about your injuries and also what your life looked like before and what is different now.
- We move quickly on evidence. That means requests to preserve video and vehicle data, witness interviews, and the crash report.
- We deal with the insurance companies. You focus on getting better while we handle the calls, forms, and negotiations.
- We build the full picture of your losses, including the daily things that do not show up on a bill.
- We keep you in the loop. You will hear from us regularly, and your questions get real answers.
- We prepare every case as if it could go to trial. Many cases settle, and thorough preparation puts you in the strongest position either way.
What happens when you reach out
- You tell us what happened. A member of our team listens and asks a few questions. There is no pressure and no obligation.
- We tell you what we see. We will be honest about your options and whether we are the right fit.
- If we are, we get started right away, protecting evidence and taking the insurance companies off your plate.
Ready to talk? Choose whichever is easiest for you:
- Call: Columbia (803) 790-2800 or Myrtle Beach (843) 427-2800
- Chat: use the chat on this page
- Message: send us a short message
Call our office for a free consultation. You owe no attorney fees or case costs unless we recover money for you.
Frequently Asked Questions
Usually, but not automatically. The other driver may claim they had a green or yellow light, so evidence like video, witnesses, and vehicle data matters.
Get to safety, call 911, and get checked by a doctor even if you feel fine. Then photograph the scene and collect names and contact information. Avoid guessing about fault.
If anyone was injured, drivers must notify police right away. If police did not investigate and there were injuries or at least $1,000 in damage, a written report to the DMV is generally due within 15 days.
You can request it from the South Carolina DMV online, at any DMV branch with Form FR-50, or by mail. The official copy is not available until the DMV has received and processed it. Start at the DMV collision report page.
Possibly. If you were 50% or less at fault, you can still recover, but your payment is reduced by your share. If you were more than 50% at fault, you cannot recover.
South Carolina requires drivers to carry uninsured motorist coverage, so your own policy may help. We review every policy that might apply.
Generally three years from the date you knew or should have known you were injured. Claims involving government vehicles follow different rules and a shorter lawsuit deadline, so call us promptly.
You can share basic contact information, but you do not have to give a recorded statement. It is wise to speak with a lawyer first.
That can be strong evidence, but many cameras record over footage quickly. The sooner we send a request to preserve it, the better.
Their employer or company may share responsibility, and more insurance coverage may be available. Tell us right away so we can look into it.
You may still have a claim. See our guide for passengers injured in a car accident and call us to talk through your situation.
You pay nothing upfront, and you owe no attorney fees or case costs unless we recover money for you.
Not always. If you were injured, if fault is disputed, or if the insurance company is pushing back, it is worth a call. Our consultation is free, and we will tell you honestly whether we can help.
Still have questions? Call Columbia (803) 790-2800 or Myrtle Beach (843) 427-2800, chat with us on this page, or send us a message.