Most people expect to file a claim after a car accident not to get sued. But if you’ve been served legal papers or notified that someone is suing you for a car accident in South Carolina, you’re probably feeling confused, overwhelmed, and maybe even scared.
Whether you were partly at fault, fully responsible, or wrongly blamed, you do have rights, and options.
Here’s what to do (and what not to do) if you’re facing a car accident lawsuit in Charleston, North Charleston, or anywhere across the Lowcountry.
1. Stay Calm and Don’t Ignore the Lawsuit
First things first: Don’t panic.
Being sued does not mean the other party will automatically win or take your assets. South Carolina law provides legal defenses, insurance protections, and due process for defendants. But time is critical.
Once you receive notice of the lawsuit (typically through formal service or certified mail), you may have as little as 30 days to respond. Failing to respond could result in a default judgment, meaning the court rules against you automatically.
2. Notify Your Auto Insurance Company Immediately
As soon as you’re aware of the lawsuit, contact your auto insurance provider. If the crash was already reported, this may not come as a surprise to them, but a lawsuit definitely escalates the situation.
Your insurer is required to:
- Assign a defense attorney at no cost to you
- Investigate the claim and defend you in court
- Pay damages up to your policy limits, if you’re found liable
If the claim involves serious injuries, multiple parties, or exceeds your coverage limits, your insurer may attempt to settle, or they may deny coverage. That’s when you may need your own legal representation.
3. Understand What the Lawsuit Is Actually Claiming
Not all car accident lawsuits are the same. The other driver might be claiming:
- You caused the crash entirely
- You were partially at fault (shared liability)
- You were driving recklessly, drunk, or distracted
- You caused permanent injury or disability
- You should be personally responsible beyond your insurance coverage
Review the complaint with a lawyer and understand the allegations. Was this accident on Ashley Phosphate Road, near I-526, or on Highway 17 near Mount Pleasant? Location, speed limits, and intersection rules could all factor into your defense.
4. Don’t Contact the Other Driver or Their Attorney Directly
This is one of the biggest mistakes we see.
Do not reach out to the other party even if you want to “work it out” or explain your side. Anything you say could be twisted and used against you in court.
If they call or email you, don’t respond directly. Forward everything to your insurer or your attorney immediately.
5. Know Your Rights Under South Carolina Law
South Carolina uses a modified comparative negligence rule. This means:
- You can only be held liable if you’re more than 50% at fault
- If you are less than 50% at fault, your liability is reduced by your percentage of fault
So if a jury finds you 30% at fault, and the damages are $100,000, you’d only be responsible for $30,000 (usually paid by your insurer).
This system also means that even if you’re partially at fault, you should not accept full blame without a proper legal review.
6. Understand the Risk of a “Personal Judgment”
If the damages the other party claims exceed your insurance policy limits, you could be on the hook for the rest personally. This is rare, but it happens.
That’s why hiring a personal injury attorney may be necessary, especially if:
- The accident involved serious injuries or fatalities
- You were driving without insurance
- You were driving a work vehicle or someone else’s car
- You’re being sued for gross negligence, not just an ordinary mistake
7. Keep Records of Everything
If you haven’t already, gather all your documents:
- Your insurance policy and communications
- Accident report from Charleston or SCHP
- Medical bills (if you were also injured)
- Dashcam footage, if available
- Witness information
- Photos of the crash site or damage
Being organized helps your legal team respond effectively, and could uncover important evidence that supports your defense.
8. Get Legal Help if You Feel Unprotected
Even though your insurance company is supposed to provide a defense, there are times you may need to bring in your own attorney especially if:
- You believe the insurer is not defending you fairly
- Your policy limits are too low to cover the potential damages
- You have assets that could be at risk
- You want to explore cross-claims or countersuits
At Ted Law Firm, we’ve helped clients in Charleston, Goose Creek, and throughout South Carolina defend against car accident lawsuits even in complex cases involving multiple vehicles, commercial policies, or serious injuries.
9. How Lawsuits Are Resolved in South Carolina
Most car accident lawsuits settle out of court especially once attorneys get involved. That said, if the case goes to trial, it will likely follow this timeline:
- Filing and service of the complaint
- Response from you or your insurer
- Discovery (exchange of documents, witness depositions)
- Mediation or settlement negotiation
- Trial (if no agreement is reached)
Our job is to help minimize your exposure, protect your rights, and guide you every step of the way.
10. Prevent Future Lawsuits
No one expects to be sued, but it happens. After this is over, consider:
- Raising your auto liability limits
- Adding umbrella coverage
- Keeping dashcam footage
- Knowing your legal options in case of future claims
A single lawsuit can change your financial future so it pays to be prepared.
Sued After a Car Accident? Don’t Go It Alone.
If you’ve been sued for a car accident anywhere in Charleston, North Charleston, Summerville, or surrounding areas, contact Ted Law Firm right away. We’ll review your case, explain your legal defenses, and work with your insurer, or your own team to protect your future.
We proudly serve clients across all of South Carolina and Georgia including Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta. No matter where you are in either state, we’re here to help. And remember: you don’t pay a dime unless we win your case. There’s no risk just experienced support from a team you can trust. You’re in good hands with Ted Law Firm.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
