# South Carolina car accident law: deadlines, fault and your claim

> South Carolina car accident claims: the 3-year deadline to sue, the 51% fault bar, government claim rules, required uninsured coverage and crash reports.

Canonical page: https://accidentclaimfacts.com/location/south-carolina/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In South Carolina you generally have 3 years from the crash to file a lawsuit for injuries or vehicle damage, and 3 years from the date of death for a wrongful death claim. South Carolina uses modified comparative fault: your damages are cut by your share of fault, and you recover nothing if you were more at fault than the other side. Claims against a state agency, county or city have a shorter clock: usually 2 years, or 3 years if a verified claim was filed first.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 3 years | S.C. Code Ann. § 15-3-530(5) |
| Vehicle damage deadline | 3 years | S.C. Code Ann. § 15-3-530(4) |
| Wrongful death deadline | 3 years | From the date of death |
| Fault rule | Modified comparative: barred above 50% | Set by a 1991 court decision |
| Claim against a government body | 2 years to sue | 3 years after a verified claim |
| Minimum liability insurance | $25,000 / $50,000 / $25,000 | Per person / per crash / property |
| Fault system | At-fault | PIP: Not required |
| Traffic deaths, 2024 | 1,038 | 18.9 per 100,000 people |
| State bar referral line | (803) 799-7100 | SC Bar Lawyer Referral Service |

## Filing deadlines in South Carolina

South Carolina's statute of limitations for most crash claims is in section 15-3-530 of the S.C. Code. For injuries and vehicle damage the clock usually starts on the day of the crash; for wrongful death, the statute says it starts on the death.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | S.C. Code Ann. § 15-3-530(5) |
| Damage to your vehicle or other property | 3 years | S.C. Code Ann. § 15-3-530(4) |
| Wrongful death | 3 years from the date of death | S.C. Code Ann. § 15-3-530(6) |
| Claim against a government body | 2 years, or 3 years after a verified claim | S.C. Code § 15-78-110 |

For an injured child, the deadline is paused under South Carolina's tolling rule: the time before a child turns 18 is not counted, but the extension cannot run longer than one year after the 18th birthday. A licensed attorney can work out the exact last day for a particular child.

Crashes with a government vehicle fall under the South Carolina Tort Claims Act, which partly waives sovereign immunity. Filing a claim with the government first is optional: a verified claim may be filed within one year, which extends the time to sue from two years to three. The one-year window runs from when the loss was or should have been discovered. Claims against the state go to the State Fiscal Accountability Authority or the agency involved; claims against a county or city go to the body that employed the driver.

> **Warning:** Talking with an insurance company does not pause any of these deadlines. If a claim is still open as the deadline gets close, a lawsuit may need to be filed to protect it.

## How fault is shared in South Carolina

South Carolina has no comparative fault statute. In Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), the state Supreme Court held that you can recover if your negligence is not greater than the negligence of the person you sue. Your damages are then reduced by your own share. At 51% or more, you recover nothing.

> **Example:** A driver turning left is hit by a car going well over the speed limit. A jury puts 70% of the fault on the speeding driver and 30% on the turning driver, whose proven damages are then cut by 30%. Had the jury found the turning driver 51% at fault, they would get nothing; at exactly 50%, they would still recover half.

The [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=sc&fault=20#fault) shows how South Carolina compares with other states.

## Insurance in South Carolina

South Carolina is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Here is what South Carolina law requires of each policy:

| Coverage | Rule in South Carolina |
|---|---|
| Bodily injury liability | $25,000 per person, $50,000 per crash |
| Property damage liability | $25,000 |
| Uninsured motorist | Required: $25,000/$50,000 bodily injury and $25,000 property damage |
| Underinsured motorist | Must be offered; optional |
| Personal injury protection | Not required |
| Medical payments | Not required |

Because uninsured motorist coverage is on every South Carolina policy, it is often the first place to look when the other driver had no insurance; our guide to [uninsured driver accidents](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/) explains how those claims work. The Insurance Information Institute estimates that 10.3% of South Carolina drivers were uninsured in 2023, against 15.4% nationally. Underinsured coverage is optional, so it is worth checking your declarations page. The South Carolina Department of Insurance takes consumer questions at 800-768-3467 (toll-free); 803-737-6180.

## After a crash in South Carolina

South Carolina law puts these reporting duties on drivers:

1. **Call the police if anyone is hurt.** The driver must immediately notify the local police, the sheriff or the Highway Patrol after any crash that injures or kills someone.
2. **Send a written report if no officer came.** If no officer investigated a crash that caused injury, death or at least $1,000 of property damage, the driver or owner must send SCDMV a written report with proof of liability insurance within 15 days. A missing or unverified report is treated as prima facie evidence that the vehicle was uninsured.

An officer who investigates such a crash must send the report to SCDMV within 24 hours after finishing the investigation. You can get a copy of the collision report from SCDMV, online or with Form FR-50 by mail or at a branch; the FR-50 form lists a fee of $10 per report. The official copy is not available until SCDMV has received and processed it. Our [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains what these reports contain and how insurers use them.

Under S.C. Code § 56-5-1290, the reports required by these rules cannot be used as evidence of negligence or due care at the trial of a lawsuit for damages.

## Special rules in South Carolina

**Punitive damages.** Punitive damages require clear and convincing proof of willful, wanton or reckless conduct. They are generally capped at the greater of three times the compensatory damages or $500,000. A higher cap applies to some conduct, and there is no cap when the defendant acted under the influence of alcohol or drugs to the point that their judgment was substantially impaired. The same is true when the defendant meant to cause harm or was convicted of a felony for the same conduct. This matters most in [drunk driver crashes](https://accidentclaimfacts.com/accidents/drunk-driver-accidents/).

**Limits on claims against the government.** Under the Tort Claims Act, one person can recover no more than $300,000, and all claimants together no more than $600,000 for one occurrence. Awards against the government cannot include punitive damages or interest before judgment.

## Crashes on South Carolina roads

The Insurance Institute for Highway Safety counted 1,038 crash deaths in South Carolina in 2024, or 18.9 per 100,000 people, compared with 11.5 per 100,000 people nationally. Speeding played a part in 38% of the deaths, and 46% happened on rural roads. An estimated 41% of the passenger vehicle drivers killed had a blood alcohol concentration of 0.08 g/dL or higher.

## Finding a lawyer in South Carolina

The South Carolina Bar runs the SC Bar Lawyer Referral Service at (803) 799-7100 on weekdays, and online through its [Find a Lawyer page](https://www.scbar.org/lrs). Lawyers who take these referrals charge no more than $50 for a first consultation of 30 minutes. Our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains what to expect from that first call.

Before you hire anyone, the South Carolina Bar points the public to the [SC Judicial Branch Attorney Search](https://www.sccourts.org/attorneys/) to confirm a lawyer's contact details and member status. See [how to check a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) for other checks worth making.

## FAQ

### What is the statute of limitations for a car accident in South Carolina?

Generally 3 years from the crash for injuries and vehicle damage, and 3 years from the date of death for wrongful death. Claims against a government body must usually be filed within 2 years, or 3 years if a verified claim was filed first.

### Is South Carolina a no-fault state?

No. South Carolina is an at-fault state, and personal injury protection is not required. The at-fault driver's liability insurance pays for the other people's losses, up to its limits.

### Can I recover if I was partly at fault in South Carolina?

Yes, as long as your fault is not greater than the other side's, so 50% or less. Your damages are reduced by your share. At 51% or more, you recover nothing.

### Do I have to report a car accident in South Carolina?

Yes, if anyone is hurt or killed: the driver must notify the police right away. If no officer investigated a crash with injury, death or at least $1,000 of damage, a written report must reach SCDMV within 15 days.

### Is uninsured motorist coverage required in South Carolina?

Yes. Every policy must include uninsured motorist coverage of at least the same amounts as the liability minimums. Underinsured motorist coverage must be offered, but buying it is optional.

## Sources

- [South Carolina Legislature, S.C. Code Title 15 Chapter 3](https://www.scstatehouse.gov/code/t15c003.php) — limitation periods and tolling for minors
- [South Carolina Legislature, S.C. Code Title 15 Chapter 78](https://www.scstatehouse.gov/code/t15c078.php) — South Carolina Tort Claims Act
- [South Carolina Legislature, S.C. Code Title 15 Chapter 32](https://www.scstatehouse.gov/code/t15c032.php) — punitive damages standard and caps
- [South Carolina Legislature, S.C. Code Title 56 Chapter 5](https://www.scstatehouse.gov/code/t56c005.php) — duties to report a crash
- [South Carolina Department of Motor Vehicles, Collision Reports](https://dmv.sc.gov/vehicle-owners/collision-reports) — how to request a collision report
- [South Carolina Bar, Lawyer Referral Service](https://www.scbar.org/lrs) — referral line and consultation fee
- [S.C. Supreme Court (via FindLaw), Hooper v. Ebenezer Senior Services & Rehabilitation Center (2009)](https://caselaw.findlaw.com/sc-supreme-court/1503695.html), checked October 29, 2026
- [South Carolina Bar (copy of S.C. Supreme Court opinion), Nelson v. Concrete Supply Co. (1991)](https://www.scbar.org/media/bqrn2bfw/nelson.pdf), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [South Carolina Department of Motor Vehicles, Form FR-50 Request for Copy of Collision Report](https://dmv.sc.gov/sites/scdmv/files/2026-01/FR-50%20Request%20for%20Copy%20of%20Collision%20Report.pdf), checked October 29, 2026
- [NHTSA, Drunk Driving (risky driving page)](https://www.nhtsa.gov/risky-driving/drunk-driving), checked October 29, 2026
- [South Carolina Bar, Member Directory](https://www.scbar.org/for-lawyers/quicklinks/member-directory/), checked October 29, 2026
- [South Carolina Legislature, S.C. Code Title 38 Chapter 77 (38-77-140, 38-77-150, 38-77-160)](https://www.scstatehouse.gov/code/t38c077.php), checked October 28, 2026
- [South Carolina Department of Insurance, Automobile Insurance](https://doi.sc.gov/588/Automobile-Insurance), checked October 28, 2026
- [South Carolina Department of Insurance, Consumer Services](https://doi.sc.gov/8/Consumers), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026