Car Accident Laws in South Carolina
Car accidents are an unfortunate reality across South Carolina, from congested city streets in Columbia to high-speed collisions on I-95. If you’ve been hurt in a crash, understanding your legal rights is crucial. South Carolina law determines how fault is assigned, what types of insurance are required, and how long you have to file a claim. This guide walks you through everything you need to know to protect your rights after a car accident in South Carolina.
South Carolina Is an At-Fault State
South Carolina uses a fault-based system for car accidents. This means the person who caused the crash is responsible for paying for the damages. As an injured party, you can:
- File a claim with the at-fault driver’s insurance
- File a claim with your own insurer (who may then seek reimbursement)
- File a personal injury lawsuit directly against the driver
You are not required to go through your own insurance company first unless you choose to do so.
Modified Comparative Negligence Rule
South Carolina follows a modified comparative negligence rule with a 51% bar. You can recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you are 30% at fault and your damages total $100,000, you can recover $70,000.
Minimum Insurance Requirements in South Carolina
South Carolina law requires drivers to carry minimum liability insurance of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Drivers must also carry uninsured motorist (UM) coverage in equal amounts. This protects you if you’re hit by a driver without insurance. Underinsured motorist (UIM) coverage is optional but strongly recommended.
Statute of Limitations for Car Accident Claims
In South Carolina, you have three years from the date of the accident to file a personal injury or property damage lawsuit. If you fail to file within this time, you may lose your right to seek compensation.
For claims involving a government entity, the deadline may be shorter, and special notice requirements may apply.
When to Report a Car Accident
According to South Carolina law, you must report an accident to law enforcement if:
- Someone is injured or killed
- Property damage exceeds $1,000
- The accident involves a hit-and-run or uninsured driver
You are also required to submit a written report to the Department of Motor Vehicles (DMV) within 15 days if the crash was not investigated by a police officer and resulted in injury, death, or significant damage.
Overview of South Carolina Personal Injury Law
Personal injury laws in South Carolina allow victims to pursue compensation when they’re injured due to another person’s carelessness. Car accidents, truck collisions, slip and falls, and dog bites are all common types of cases.
There are no caps on compensatory damages in most personal injury cases. However, punitive damages—awarded in cases of gross negligence or willful misconduct—are capped at three times the compensatory damages or $500,000, whichever is greater, with some exceptions.
Types of Compensation Available
If you’re injured in a car accident in South Carolina, you may be eligible to recover damages for:
- Medical bills and treatment expenses
- Lost wages and future loss of earnings
- Pain and suffering
- Emotional distress
- Property damage
- Long-term care or disability
Your attorney can help assess the full value of your claim, including both economic and non-economic losses.
Rideshare Accidents in South Carolina
Rideshare services like Uber and Lyft are popular in South Carolina cities, and accidents involving these vehicles follow a layered insurance structure. If the driver is logged into the app but hasn’t accepted a ride, coverage includes:
- $50,000 per person for bodily injury
- $100,000 per accident
- $25,000 for property damage
If a ride has been accepted or is in progress, the coverage increases to $1 million in liability.
If you’re a passenger, pedestrian, or driver hit by a rideshare vehicle, determining liability can be complex. It’s best to consult a lawyer experienced with rideshare accident claims to make sure you receive full compensation.
What Happens if the Other Driver Is Uninsured?
Thanks to South Carolina’s UM coverage requirement, you are protected if you’re hit by an uninsured driver. You can file a claim under your own policy for medical expenses, lost wages, and more.
If the at-fault driver has insurance but their policy doesn’t fully cover your damages, your UIM coverage (if purchased) can help fill the gap.
Should You Hire an Attorney?
Car accident claims in South Carolina can involve multiple parties, insurance companies, and legal deadlines. An experienced attorney can help you gather evidence, negotiate a fair settlement, and take your case to court if necessary.
Most personal injury lawyers in South Carolina offer free consultations and work on a contingency fee basis—you only pay if they win your case.