South Carolina car accident statute of limitations: three years, with exceptions
The South Carolina car accident statute of limitations is three years. Call free to check your date.
South Carolina allows three years to sue for injuries and for car damage, under section 15-3-530. The big exception is a crash with a government vehicle. Those claims usually have only two years under the Tort Claims Act and damages are capped.
The deadlines in South Carolina
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | S.C. Code 15-3-530(5) |
| Car or property damage lawsuit | Three years | S.C. Code 15-3-530(4) |
| Shared fault | Barred above 50 percent | Nelson v. Concrete Supply Co., 303 S.C. 243 (1991) |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | S.C. Code 38-77-140 |
| Uninsured motorist cover | Required, at the same minimums plus $25,000 for your property | S.C. Code 38-77-150 |
| Lawsuit against a state agency or local government | Two years or three if a claim was filed first | S.C. Code 15-78-110 |
Other South Carolina dates to watch
A wrongful death case also has three years, but that count starts on the date of death, under section 15-3-530(6).
For a child, the years under 18 do not count. That pause can never run more than one year past the 18th birthday, under section 15-3-40. Time is also not counted while the driver at fault lives outside the state or stays away for a year or more.
Crashes with a South Carolina public vehicle
A county truck, city police car or state van falls under the Tort Claims Act. You have two years to sue or three years if you first filed a claim with the agency, under section 15-78-110.
The Act also limits the money. One person can recover no more than $300,000 for a single crash and punitive damages are not allowed, under section 15-78-120.
How South Carolina weighs blame and coverage
Since 1991, a hurt driver can recover if their fault is not greater than the fault of all defendants combined. The award drops by the injured person’s share, under Nelson v. Concrete Supply Co..
Every South Carolina policy must include uninsured motorist cover, under section 38-77-150. It pays when the driver who hit you has no insurance, including up to $25,000 for your car.
When to call a South Carolina car accident lawyer
Call soon if a public vehicle was involved, since that clock is shorter. Also call before you give a recorded statement, because your words can raise your share of blame. An attorney can check every policy that might pay. The call is free and the lawyer earns a fee only if you win.
Other states: North Carolina, Georgia, Tennessee or every state on one page.
South Carolina car accident statute of limitations questions
How long do you have to sue after a car accident in South Carolina?
Three years from the crash for injuries and car damage, under section 15-3-530. Claims against government bodies are often shorter.
Can I recover if I was partly at fault in South Carolina?
Yes, if you were 50 percent or less at fault. Your award is cut by your share.
What if the driver who hit me had no insurance in South Carolina?
Your own uninsured motorist cover, which every policy must include, can pay for injuries and car damage.
Before the clock runs out
South Carolina bars your claim if you are found more at fault than the other side, so early statements matter. Call before you sign a release and a lawyer will review your offer free.
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