Do Police Always File a Crash Report in South Carolina? What to Do If They Do Not

Car wrecks can leave you emotionally jarred, physically injured, and confused about what steps to take next. The aftermath of a crash can raise many questions, but one of the first is whether the police must generate the crash report.

​Under South Carolina law, law enforcement must submit a written crash report when an officer investigates a wreck involving bodily injury, death, or apparent total property damage of $1,000 or more. It is essential to note that physical injuries require a prompt call to the police.

​Understanding the difference is crucial because a missing or incomplete report can create problems for any personal injury or accident claim.

​What South Carolina Law Says About Police and Crash Reports

South Carolina Code Section 56-5-1270 requires a driver involved in a crash resulting in injury or death to immediately notify local police, the sheriff, or the Highway Patrol, depending on where the wreck occurred. If law enforcement does not investigate, you are required by law (SC Code § 56-5-1270) to file your own FR-309 Traffic Collision Report with the South Carolina Department of Motor Vehicles within 15 days, provided the collision resulted in property damage of $1,000 or more, or in bodily injury or death. Failure to do so may result in suspension of your vehicle registration and/or driving privileges.

The section also states that a driver involved in a wreck resulting in injury or death must immediately give notice by the quickest means of communication to the local police department if the accident occurs within a municipality, or otherwise to the office of the county sheriff or the nearest office of the South Carolina Highway Patrol. 

In essence, it means that two things can be true: the law may require you to notify police after an injury crash, and an officer who investigates a qualifying wreck must submit a written report. These rules work together, and they are a big reason injured people should not guess about whether a call is necessary.​

When Law Enforcement May Not File a Written Report

There are certain situations where a missing report does not clearly point to an officer’s wrongdoing. In some cases, law enforcement may never conduct a qualifying investigation, meaning the officer report requirement in section 56-5-1270 never triggers.

Some reasons this can happen include the following:

• ​Police are not called to the crash scene;
• The responding agency does not investigate the collision; or
• The event is handled as a non-investigated collision.

The South Carolina Highway Patrol’s TR-310 manual instructs officers that when a collision is not actually investigated, the operator or owner should be informed that they must properly complete Form FR-309 and send it to the Office of Financial Responsibility.

The FR-309 itself states that a person involved in a collision not investigated by law enforcement that results in total property damage of $1,000 or more, or in death or bodily injury, must complete and send the form to the DMV within 15 days of the collision.

​That is why injured people should not assume the paperwork will handle itself just because an officer briefly appeared or traffic got redirected.

​Why a Police Report Matters: Even When It Is Not Required

Generally, under South Carolina law, evidence in a civil case must be relevant to an issue the court has to decide, and it must be shown to be what the party claims it is. In other words, the evidence needs to matter and be reliable enough to connect to the facts of the case. 

• Even before a case reaches court, insurance adjusters often assess evidence through a similar practical lens. They want documents, photos, statements, and reports that help show what happened, who was involved, and whether the claim is supported by reliable information.
• ​Without the report, proving a claim can become burdensome. For example, the other driver may change the story, an insurer may question the severity of injuries or the accident, and physical evidence may disappear.

​The most recent full South Carolina Traffic Collision Fact Book, currently posted by SCDPS, reports 32,616 other-injury collisions and 110,128 property-damage-only collisions statewide in 2023. 

More recent preliminary fatality data from SCDPS shows that South Carolina road deaths declined in 2025, but the full statewide collision fact book has not yet caught up to those newer fatality-only figures. ​​Even so, a police report is not the only way to build a strong claim. It is simply one of the best early tools for preserving facts before memories fade and positions harden.

​What You Should Do if the Police Do Not Create the Report?

If the police do not generate a crash report, you should take steps to protect your position. Some steps you should take include the following:

• ​Photograph all relevant evidence, including the road, debris, skid marks, injuries, and anything else that can substantiate your claim;
• Get as much identifying information as you can, including the other driver’s name, address, contact information, insurance information, and license plate number;
• Identify potential witnesses and ask them for their contact information; and
• Get medical care as soon as possible.

These steps are especially important when the police did not file a report. All of the above can serve as crucial evidence.

How to File Your Own FR-309 in South Carolina

The FR-309 Traffic Collision Report is available on the DMV’s forms website. Currently, the form instructs the vehicle owner or operator to return it to the DMV’s Financial Responsibility office in Blythewood. Moreover, it explains that the completed form is due within 15 days of when the collision was not investigated by law enforcement and involved bodily injury, death, or total property damage of $1,000 or more.

​Additionally, the Highway Patrol’s TR-310 manual explains that the FR-309 should be completed and sent if the motor vehicle collision is not investigated, and it notes that an insurance representative must verify coverage on the form.

​It is essential to note that filing the report does not replace legal advice and representation. Further, it does not guarantee that the insurance company will accept your version of the collision. It does, however, help establish an official record instead of leaving a serious crash undocumented.​

Protecting Your Rights: Why You Should Still Contact a Personal Injury Attorney

​After a car crash, some people experience pain right away, whereas adrenaline may mask pain for others. Pain that seemed manageable at first can quickly become debilitating and impact many aspects of your life. That problem becomes even more serious when no written police report exists. 

Without that report, your claim may depend more heavily on the photographs, witness information, medical records, and notes you were able to gather on your own. Insurance companies often look for gaps in the record, and they may use those gaps to question fault, the extent of your injuries, or whether the wreck caused the harm you are reporting.

​The attorneys at Steinberg Law Firm note that calling the police is often the safest move after a South Carolina wreck, especially when injuries are involved. ​Legal help becomes even more important when the other driver disputes fault, downplays your injuries, or claims the wreck was too minor to matter.​

​Contact Steinberg Law Firm After a South Carolina Car Wreck

​If you did not call law enforcement or get a crash report after a car wreck, you are not necessarily out of options. While missing or incomplete paperwork can create some challenges, it does not mean you have no options for damages. ​

Steinberg Law Firm cares about helping injured people across the Lowcountry. Getting legal guidance after a serious wreck and seeking medical attention as soon as possible is crucial.

For help with a crash report and getting a personal injury claim started, contact Steinberg Law Firm at 843-720-2800.

​FAQs About Police Reports After a South Carolina Accident