How An Accident Report Affects Fault and Compensation in South Carolina Cases
After a car accident in South Carolina, one of the first documents drivers see is the police accident report.
If the report says the other driver “contributed to the collision,” that can feel validating. But if the report lists you as contributing to the crash, even partially, it can be unsettling. Many people assume whatever the officer writes determines who was legally at fault and who will ultimately recover compensation.
In reality, accident reports play an important role, but they do not control the outcome of a personal injury case.
Insurance companies rely heavily on accident reports when evaluating claims. However, under South Carolina law, a police report does not automatically determine legal fault, does not assign binding percentages of responsibility, and does not dictate what a jury would decide if the case went to trial.
In this article, we’ll discuss what accident reports actually are, how they affect insurance negotiations, and what happens if the report says you – or multiple other drivers – contributed to the accident.
In This Article:
- What Are the FR-10 and TR-310?
- What Does “Contributed to the Collision” Mean?
- What If the Accident Report Says You Contributed to the Crash?
- What If the Accident Report Lists Multiple Drivers as Contributing?
- Are Accident Reports Admissible in Court?
- How Accident Reports Affect Insurance Negotiations
- What If the Accident Report Is Wrong?
1. What Are the FR-10 and TR-310?
When law enforcement responds to a car accident in South Carolina, two different documents are typically involved: the FR-10 and the TR-310.
Although people often refer to both as the “accident report,” they serve different purposes.
FR-10 (Verification of Insurance Coverage)
The FR-10 is a document used to verify that the drivers involved had valid insurance coverage at the time of the crash.
At the scene, the responding officer will usually collect insurance information from everyone involved and provide an FR-10 form to each driver. Drivers must submit the form to their insurance company, which completes its portion and forwards it to the South Carolina Department of Motor Vehicles (SCDMV). [i]
If the form is not returned or insurance coverage cannot be verified, the SCDMV may suspend the vehicle’s registration and the driver’s license.[ii]
TR-310 (Traffic Collision Report)
The TR-310 is the collision report prepared by the responding officer. Unlike the FR-10, it is not automatically given to the drivers at the scene. To obtain a copy, you typically must submit a request to the SCDMV.
The TR-310 includes more detailed information about the accident, including a diagram of the crash, the officer’s narrative description of what happened, and a statement regarding any traffic citations issued.
Because both the FR-10 and the TR-310 have a section indicating whether a particular driver “contributed to the collision,” many people assume these reports determine legal fault.
They don’t.
2. What Does “Contributed to the Collision” Mean?
On both the FR-10 and the TR-310, the responding officer must indicate whether any driver “contributed to the collision.” This is based on the officer’s observations at the scene, statements from the drivers and witnesses, physical evidence (such as vehicle damage or skid marks), and whether a traffic citation was issued.[iii]
This means that, when an officer marks that a driver “contributed to the collision,” the officer believes the driver’s conduct contributed to causing the accident, often by violating a traffic law.
For example, an officer might indicate a driver contributed to the collision if the driver:
- Failed to yield the right-of-way
- Followed too closely
- Was speeding
- Changed lanes improperly
- Was distracted
The key point is that this is an initial assessment made at the scene, often within a relatively short period of time, and without the benefit of a full investigation.
The officer usually did not personally witness the accident. The officer did not take sworn testimony, conduct depositions, retain an accident reconstruction expert, or apply South Carolina’s comparative negligence rules. The purpose of the form is documentation, not a final legal determination of fault.
Because of that, a notation that you “contributed to the collision” does not automatically mean you are legally at fault, and it does not assign a binding percentage of responsibility.
Legal fault in South Carolina is ultimately determined either through a negotiated settlement or, if the case goes to trial, by a jury.
3. What If the Accident Report Says You Contributed to the Crash?
If the accident report indicates that you “contributed to the collision,” it does not automatically prevent you from recovering compensation.
South Carolina follows what is known as a modified comparative negligence system.[iv] This means an injured person can recover damages as long as their percentage of fault does not exceed that of the other driver or drivers.[v]
In other words:
- If you are 50% or less at fault, you may still recover compensation
- If you are 51% or more at fault, you are barred from recovering compensation
- If you are partially at fault, your recovery is reduced by your percentage of responsibility
For example, if your total damages are $100,000 and you are determined to be 20% at fault, your recovery would be reduced by 20%, resulting in a recovery of $80,000.
The important thing to understand is that the accident report does not assign a binding percentage of fault. The officer’s notation that you “contributed to the collision” is not the same as a legal finding that you were 51% responsible.
A jury may assign percentages of fault differently than what appears in the accident report.
For that reason, seeing your name listed as contributing to the crash should not automatically discourage you from exploring your legal options.
4. What If the Accident Report Lists Multiple Drivers as Contributing?
In some accidents, the officer may indicate that two or more drivers “contributed to the collision.” In those situations, South Carolina law allows fault to be apportioned among all responsible parties.[vi]
This means responsibility is divided by percentage. For example, a jury might determine:
- Driver A was 60% at fault
- Driver B was 40% at fault
- You were 0% at fault
As a general rule, each party is responsible for paying damages in proportion to their percentage of fault.
In the above example, if your total damages are $100,000, Driver A would be responsible for paying $60,000 and Driver B would be responsible for paying $40,000.
However, South Carolina law also recognizes a limited form of joint and several liability.
If a defendant is found to be 50% or more at fault, that defendant may be responsible for the full amount of the plaintiff’s actual damages, even if another driver also contributed to the crash.[vii]
In addition, joint and several liability applies to a defendant whose conduct is determined to be willful, wanton, reckless, or intentional, or if the conduct involved the illegal use, sale, or possession of drugs.[viii]
If your total damages are $100,000, Driver A could be responsible for paying the full $100,000 because he was at least 50% at fault for the accident. (Driver A would then be permitted to seek contribution (repayment) from Driver B.)[ix]
This matters because insurance companies often argue about percentages of fault, especially when multiple policies are involved. The way fault is divided can directly affect how much compensation is available and which insurer ultimately pays.
As with comparative negligence, the accident report itself does not control how fault will ultimately be apportioned. It merely reflects the officer’s initial assessment at the scene. Final percentages of responsibility are ultimately determined by negotiation or, if necessary, a jury at trial.
5. Are Accident Reports Admissible in Court?
In most cases, a police accident report itself is not admissible as evidence of negligence at trial in South Carolina.[x]
That means the written report (including the officer’s narrative description and any indication that a driver “contributed to the collision”) is generally not handed to the jury as proof of who was at fault.
Instead of introducing the report itself, a party may call the responding officer to testify in court. The officer may be allowed to describe what they personally observed, such as vehicle positions, damage, roadway conditions, or statements made by the parties.
Although the report itself is not usually shown to the jury, the officer may use the report to refresh their recollection about what happened.[xi]
But the jury, not the officer, ultimately decides fault after hearing all of the admissible evidence, which may include:
- Testimony from the drivers and witnesses
- Photographs and videos
- Medical records and bills
- Expert opinions
The key takeaway is this: an accident report may influence insurance negotiations, but it does not control what a jury will decide if the case goes to trial.
6. How Accident Reports Affect Insurance Negotiations
Even though an accident report is generally not admissible at trial, it plays a significant role in how insurance companies evaluate claims.
In many cases, the adjuster’s initial review centers on the TR-310. Insurance companies often treat the officer’s assessment as a starting point when deciding:
- Whether to accept or deny liability
- How to evaluate comparative fault
- Whether there was any punitive conduct (DUI, reckless speeding, etc.)
- Whether to extend an early settlement offer
If the report clearly places fault on the other driver, negotiations may move more quickly. If the report indicates that you “contributed to the collision,” the insurer may use that notation to justify reducing an offer, even before all of the evidence has been gathered.
In multi-vehicle cases, insurers may also rely on the report when arguing about apportionment percentages between drivers.
However, most adjusters understand that accident reports don’t control what happens in court. If evidence is developed later that contradicts the initial report, the insurer must reassess its exposure – particularly if the case is heading to litigation.
7. What If the Accident Report is Wrong?
Accident reports are often completed within a relatively short time after the crash. Officers must assess the scene quickly, speak with drivers and witnesses, and document what they observe. They do not usually have the time to conduct a full legal investigation before completing the report.
If you believe the report contains an error, you are not necessarily stuck with it.
In some situations, officers may issue a supplemental report to correct clerical mistakes or include additional information that was not available at the time. This typically requires contacting the responding agency and providing documentation or clarification.
Even if the officer does not amend the report, other evidence may contradict or outweigh the officer’s initial assessment. Photographs, video footage, vehicle data, witness statements, and expert analysis can all change how fault is evaluated during negotiations or litigation.
The important thing is to address inaccuracies early. Surveillance footage may be automatically deleted within days, vehicles may be repaired or disposed of, and electronic data can be lost.
The key point is this: An inaccurate report may influence negotiations, but it does not end your case.
Conclusion
After a car accident, it’s natural to focus on the police report. While accident reports are important and often influence negotiations, they do not determine legal fault under South Carolina law. Fault is ultimately decided through negotiation or, if necessary, by a jury after considering admissible evidence.
If you were injured in a car accident in Lexington or anywhere in South Carolina and have questions, we’re here to help. You can schedule a free personal injury consultation by calling our office at (803) 359-9000.
Last Updated: 2/26/2026
About the Author
Jason Yonge is a litigation attorney in Lexington, South Carolina. He represents clients across the state in serious personal injury, car accident, and wrongful death cases. For honest, straightforward advice about your situation, contact Jason to see how he can help.
[i] S.C. Code Ann. § 56-9-350.
[ii] S.C. Code Ann. §§ 56-9-350, 56-9-351.
[iii] S.C. Code Ann. § 56-5-1270 (“Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident that results in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more . . . within twenty-four hours of completing the investigation, must forward a written report of the accident to the Department of Motor Vehicles including the names of interviewed participants and witnesses.”); S.C. Code Ann. § 56-5-1300 (“The written reports to be made by persons involved in accident and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved.”).
[iv] Berberich v. Jack, 392 S.C. 278, 709 S.E.2d 607 (2011) (noting that the South Carolina Supreme Court “adopted a modified version of comparative negligence known as the ‘less than or equal to’ approach).
[v] Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991).
[vi] S.C. Code Ann. § 15-38-15.
[vii] S.C. Code Ann. § 15-38-15(A) (“A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the trier of fact.”).
[viii] S.C. Code Ann. § 15-38-15(F).
[ix] S.C. Code Ann. § 15-38-20.
[x] S.C. Code Ann. § 56-5-1290.
[xi] S.C. Code Ann. § 56-5-1290 (“However, law enforcement officers may refer to these reports when testifying in order to refresh their recollection of events.”).
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