Dealing with a car accident without a police report in SC happens more often than you’d think.
You’re in a "minor" collision on a busy road like I-26 or a quiet street in Spartanburg.
You and the other driver pull over, exchange info, and decide not to "bother" the police, or perhaps you call, and they are too busy to respond to a scene with no apparent injuries.
Later that evening, your neck starts to stiffen. The next morning, you can barely turn your head. Now you’re wondering: “Can I still file a claim if there is no police report?”
At Morris Law, we deal with this specific challenge every day. The short answer is yes, you can still file a claim.
Here is what you need to know to protect your right to compensation.
The Legal Reality: Is a Report Required in SC?
Under S.C. Code § 56-5-1270, you are legally required to report an accident to the South Carolina Department of Motor Vehicles (SCDMV) within 15 days if:
- There is an injury or death.
- Total property damage appears to be $1,000 or more.
If the police did not investigate the scene, the burden of reporting falls on you.
Failing to file this report (specifically Form FR-309) can result in the suspension of your driver’s license.
From a legal standpoint, filing this form acts as your "official" record in the absence of a police officer’s report.
The Insurance Hurdle: "No Report, No Accident"
Insurance adjusters are trained to be skeptical. Without a police report (the TR-310), the adjuster only has two conflicting stories: yours and the other driver's.
In a "he-said, she-said" scenario, the insurance company will often:
| Risk Level | The Insurance Tactic |
|---|---|
| High | Deny Liability: The adjuster may claim there is no objective proof their driver caused the crash because no official report exists. |
| High | Question Injuries: They will argue that if the accident wasn't "serious" enough to warrant a police report, it wasn't serious enough to cause your physical injuries. |
| Critical | Apply Comparative Negligence: Under SC’s 51% rule, they will push the blame onto you. If they argue you were more than half at fault, they don't have to pay anything. |
How to Build a Case Without a Police Report
If you didn't get a report at the scene, your own documentation becomes the "black box" of the accident.
To win, we need to gather alternative evidence that carries the same weight as an officer's testimony.
1. Immediate Medical Documentation
Since you don't have an officer noting "apparent injuries" at the scene, your medical record is your strongest piece of evidence.
Go to an ER or Urgent Care immediately. Tell the doctor exactly how the accident happened.
This creates a time-stamped medical link between the crash and your physical condition.
2. The "Digital Evidence" Trail
In 2026, we have more tools than ever to prove a case without a cop. At Morris Law, we look for:
- Dashcam Footage: Even if you don't have one, the other driver or a witness might.
- Surveillance Video: We frequently subpoena footage from nearby gas stations, ring doorbells, or traffic cameras that may have caught the impact.
- Smartphone Photos: Hopefully, you took photos of the vehicle positions, skid marks, and the debris field before moving the cars.
3. Witness Statements
Did anyone stop? Even a brief "I saw him run that light" from a bystander can save your case.
If you have their phone numbers, our investigators can reach out to record their formal statements before their memories fade.
The "90/180 Day" and "Minor" Accident Trap
Many victims think they are fine, only to discover a "hidden" injury like a concussion or a herniated disc days later.
In South Carolina, if you were unable to work or perform daily activities for a significant period following the crash, you meet the threshold for a "serious" claim, regardless of whether a police car was at the scene.
Common evidence comparison:
| Evidence Type | With Police Report | WITHOUT Police Report (Your Task) |
|---|---|---|
| Fault Determination | The officer's professional opinion is documented on the TR-310. | Morris Law uses witness statements and accident reconstruction to prove liability. |
| Date/Time Proof | The crash is officially logged by police dispatch. | We use cell phone records, dashcam timestamps, and medical intake forms. |
| Driver Info | Verified by the officer's official ID and insurance check at the scene. | You must take clear photos of all driver's licenses and insurance cards. |
| Scene Layout | Professional crash diagram created by SCHP or local police. | Your personal photos and video of the area, skid marks, and debris. |
FAQ
Yes. You can file a claim with your own insurance or the at-fault driver's insurance without a police report.
However, you will need "preponderance of evidence"—such as photos and witness statements—to prove the other driver was liable.
You must file Form FR-309 (Traffic Collision Report) with the SCDMV within 15 days if the damage exceeds $1,000 or if anyone was injured.
This fulfills your legal obligation under state law.
Not necessarily, but it is much harder to settle. Insurance companies often use the lack of a report to "lowball" your settlement.
Having a lawyer from Morris Law ensures that your alternative evidence is presented in a way the insurance company cannot ignore.
This is the biggest risk of not having a report. Without an officer's neutral record, the other driver may change their story to blame you.
This is why immediate evidence gathering—like photos of the damage—is critical to "lock in" the truth.
Conclusion: Don't Leave Your Future to Chance
Filing a claim without a police report is like trying to build a house without a blueprint—it’s possible, but one wrong move can bring the whole thing down.
You shouldn't have to pay for someone else's mistake just because a police officer wasn't available to write a report.
At Morris Law, we have the "first-hand experience" needed to fill the gaps in your case.
We know how to talk to adjusters, how to find hidden surveillance footage, and how to prove the "Full Value" of your life after an accident.
Are you worried about a missing police report? Call Morris Law today at (843) 232-0944 for a free, confidential consultation.
We’ll help you report the accident correctly and fight for the settlement you deserve.
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