Imagine this: you were in a car accident in Georgia or South Carolina, and the insurance adjuster is already calling nonstop. You ask yourself, where is my lawyer?
From our perspective, the majority of people who get hurt in a car accident do need legal help. Our Savannah car accident lawyers can answer that in a free consultation, as can our Augusta and Columbia offices.
What you must know: Filing deadlines vary state by state. We will cover both in this article. Remember, this includes general information, and for specific legal advice, contact us about your case.
When a lawyer after a car accident makes a difference
When someone calls and asks whether they even need a lawyer, we start by asking:
- What has changed in your normal everyday life?
- Are you back at work?
- Are you currently in any type of pain?
- Is anyone assisting you?
- If you stopped medical treatment, have you felt better, or simply can’t afford to go?
- Then we ask what the insurer has offered you and if you've signed anything.
We want to understand how we can help you. In other words, before recommending a lawyer, we look at the whole picture: what you might actually keep after fees, expenses, and any medical repayments. We need the full picture.
Some situations you run into:
-
You don't have a medical explanation yet If you’re still being treated, have missed work, have lasting effects, or need more tests to get an answer, we may ask you to wait for a clear prognosis from your doctor and for your condition to stabilize.
-
You are being blamed. Your percentage of the blame can affect how much you can recover. See here how fault is decided in a Georgia car accident.
-
The other driver has no insurance. If you are in Georgia, we recommend reading The at-fault driver has no insurance in Georgia. In South Carolina, start what to do if you were hit by an uninsured driver in South Carolina.
-
There was government involvement Claims against a city, county, or the state have their own process, separate from the filing deadline.
-
A pushy adjuster. Are they pushing you to record a statement or perhaps make you an offer before you are back to normal?
When you may not need a lawyer after a car accident
You can settle without a lawyer if your claim is simple and resolved. Meaning, if nobody was injured or it is clear that you were entirely at fault. If you aren’t totally sure, we still recommend having a lawyer review your case first because once you sign. You usually can't ask for more financial assistance, even if you need it.
How long do you have to get a lawyer after a car accident in Georgia or South Carolina?
There isn’t a rule that says how long you have to hire a lawyer, just when you can file. Under Georgia law, you generally must file a personal injury lawsuit within two years, with some exceptions. See Georgia's statute of limitations. Under South Carolina law, you must bring an action for personal injury within three years. Those three years run from when you knew, or with reasonable diligence should have known, that you had a cause of action. See South Carolina's statute of limitations.
Waiting can cost you! We recommend getting medical care first to understand your injuries, then speaking with a lawyer as quickly as possible after that. We can then analyze the fault dispute. If we wait too long, we may lose evidence, documentation, or witnesses that may help your case.
Georgia vs South Carolina car accident claims: what's different
| Georgia | South Carolina | |
|---|---|---|
| Deadline to file an injury lawsuit | 2 years, with some exceptions | 3 years, from when you knew or should have known you had a claim |
| Your share of fault | Reduces your recovery; nothing at 50 percent or more | Reduces your recovery; nothing if your negligence is greater than the defendant's |
| Claims against a government | Notice rules for counties, the State and cities | Lawsuit within 2 years, or 3 if you filed a verified claim first |
| Uninsured motorist (UM) coverage | Adds to the at-fault driver's coverage unless you chose the reduced option | Required in every auto policy |
Fault, in easy terms: The two rules look similar, but they change at the halfway point.
Basically, if you and the other driver are 50% to blame, Georgia will not pay you. South Carolina will pay you, minus your share. South Carolina can also compare your blame if there is more than one driver (combined).
Think of it like a pie: in both states, your share of the blame is taken out of your slice. But in Georgia, if you’re responsible for half the pie or more, you’re left empty-handed.
South Carolina's rule comes from a 1991 South Carolina Supreme Court decision.
Claims against the government.
Under Georgia law, you must present a claim against a county within 12 months after it accrues. Minors and people under a disability get 12 months after the disability ends. For a claim against the State, the Georgia Department of Administrative Services' State Tort Claims Policy calls for written notice within 12 months of when the loss was or should have been discovered. To bring a claim against a city, you must present it to the city's governing authority. In South Carolina, the Tort Claims Act governs. You must bring a suit within two years after the loss was or should have been discovered. If you file a verified claim first, you can bring the suit within three years. If you file a verified claim, you must submit it within one year after the loss was or should have been discovered.
Uninsured motorist coverage. Under Georgia law, your own UM coverage applies in addition to the at-fault driver's available liability coverage. The exception is the reduced option, if you selected it in writing. South Carolina's auto insurance law requires uninsured motorist coverage in every auto policy. Insurers must also offer underinsured motorist coverage.
Settling with insurance vs getting a lawyer
What does it mean to settle by yourself vs. with the insurance?
Handling it yourself means handling the claim yourself and signing a release. You will need to gather all records and bills to explain your costs. But you could forget hidden costs. According to our experienced team, a big mistake we see from people who try to handle their own claim is settling before they know what their recovery will involve. Once you sign a release, you generally can't reopen the covered claim because your injuries turn out to be worse than expected.
Hiring a lawyer may mean a more thorough or lengthy process, but it helps ensure you don't overlook or forget any costs. Casino mentions: “Nearly nine in ten of our settled car accident cases resolved more than six months after the crash. That isn't a prediction for your case, and every claim runs on its own timeline”.
If you're in Georgia and already have an offer, here's how to check a car accident settlement offer in Georgia.
What a car accident lawyer does, and what it costs to ask
To be specific: a car accident lawyer handles the insurer, aka the insurer represents the insurance company. They handle claims under coverages like MedPay or collision, for example.
What your lawyer will do is gather data and evidence, track your filing deadline, and file a lawsuit for you if the claim is not resolved yet.
Jamie Casino Injury Attorneys has been representing injured people in Georgia and South Carolina since 2006. We represent only injured people, never insurance companies. Our offices are open 24 hours, and we serve clients in English and Spanish.
We offer a free consultation and work on a contingency basis, with no upfront fees. In Georgia, see what a car accident lawyer charges. For the basics anywhere, see how a contingency fee works. Asking costs nothing.
Not sure whether you need a lawyer after your car accident? Call and ask. The consultation is free.
Frequently asked questions
Should I get a lawyer for a minor car accident?
"Minor" describes the crash, not necessarily your injuries. If nobody was hurt, you may not need a lawyer. If you were hurt, talk to a lawyer before you sign a settlement, because a signed release generally can't be reopened if your injuries are worse than expected. If you're not sure, call and ask!
Should I get a lawyer for a car accident that wasn't my fault?
If you were hurt, yes, talk to a lawyer before you sign anything. Not being found at fault doesn't make the situation easy. Any lack of clarity about injuries, future treatment, insurance coverage, or the paperwork is a reason to have a lawyer look it over first so they can keep your interests in mind. If you weren't injured, you may not need a lawyer.
Should I get a lawyer if the car accident was partly my fault?
In our view, yes, call. Your share of the fault reduces what you can recover in both states. Under Georgia law, you recover nothing if you are 50 percent or more at fault. In South Carolina, you can recover as long as your negligence isn't greater than the defendant's.
Should I get a lawyer for a motorcycle accident?
The answer is the same as for a car. If you were hurt, talk to a lawyer before you sign anything with an insurer. The exceptions are the same too: nobody was injured, or you were clearly entirely at fault. If you're unsure, call and ask.
