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

Filing deadlines in South Carolina#

South Carolina's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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.

For an injured child, the deadline is paused under South Carolina's tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary 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 immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary. 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.

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.

The fault-rule explainer 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:

Because uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary 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 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 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 damagesPunitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary 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.

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. Lawyers who take these referrals charge no more than $50 for a first consultation of 30 minutes. Our guide to 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 to confirm a lawyer's contact details and member status. See how to check a lawyer's license for other checks worth making.