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South Carolina car accident laws
Is South Carolina a no-fault state? No. South Carolina is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
South Carolina gives you three years to file a personal injury lawsuit (S.C. Code Ann. § 15-3-530(5)).
The legal minimum liability coverage in South Carolina is $25,000 per injured person, $50,000 per crash and $25,000 for property (25/50/25).
You can recover if your negligence is not greater than the defendant's (50% or less), reduced by your share; if you are more than 50% at fault you recover nothing (rule set by the state supreme court in Nelson v. Concrete Supply, not a statute).
Quoted from South Carolina statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | South Carolina | Source |
|---|---|---|
| Deadline to sue for an injury | Three years for an injury to the person not arising on contract | S.C. Code Ann. § 15-3-530(5) |
| Deadline for vehicle damage | Three years for taking, detaining or injuring goods or chattels | S.C. Code Ann. § 15-3-530(4) |
| Deadline for a wrongful death claim | Three years; the period begins to run upon the death | S.C. Code Ann. § 15-3-530(6) |
| Claims against a government body | Under the Tort Claims Act, filing a verified claim with the State or political subdivision is optional, but if filed it must be received within one year after the loss was or should have been discovered; a lawsuit must be commenced within two years (three years if a claim was first filed). | S.C. Code Ann. § 15-78-80(d); § 15-78-110 |
| Insurance system | at-fault | S.C. Code Ann. § 56-10-225(A)-(B) |
| If you were partly at fault | modified comparative (51% bar). You can recover if your negligence is not greater than the defendant's (50% or less), reduced by your share; if you are more than 50% at fault you recover nothing (rule set by the state supreme court in Nelson v. Concrete Supply, not a statute). | Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $25,000 property | S.C. Code Ann. § 38-77-140(A) |
| Dog bites | strict liability. A dog's owner or keeper is liable for damages when a person is bitten or attacked in a public place or lawfully on private property, including the owner's, unless the person provoked the dog. | S.C. Code Ann. § 47-3-110(A) |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in South Carolina can tell you the date that applies to you.
Next steps after a South Carolina crash
How to get a South Carolina crash report ($10 per collision report (SCDMV page and FR-50 form); SCDPS FOIA page still shows $6.00).
Check your deadline and a rough claim range
A filing date and a rough value range for South Carolina. Both take under a minute.
Questions
How long do you have to sue after a car accident in South Carolina?
Three years for an injury claim (S.C. Code Ann. § 15-3-530(5)) and three years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is South Carolina a no-fault state?
No. South Carolina is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
Can I recover if I was partly at fault in South Carolina?
South Carolina follows modified comparative (51% bar). You can recover if your negligence is not greater than the defendant's (50% or less), reduced by your share; if you are more than 50% at fault you recover nothing (rule set by the state supreme court in Nelson v. Concrete Supply, not a statute).
What is the minimum car insurance in South Carolina?
The legal minimum liability coverage in South Carolina is $25,000 per injured person, $50,000 per crash and $25,000 for property (25/50/25).
Sources
- Deadline to sue for an injury (S.C. Code Ann. § 15-3-530(5)): www.scstatehouse.gov/code/t15c003.php
SECTION 15-3-530. Three years. Within three years: [...] (5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545;
- Deadline for vehicle damage (S.C. Code Ann. § 15-3-530(4)): www.scstatehouse.gov/code/t15c003.php
SECTION 15-3-530. Three years. Within three years: [...] (4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property;
- Deadline for a wrongful death claim (S.C. Code Ann. § 15-3-530(6)): www.scstatehouse.gov/code/t15c003.php
SECTION 15-3-530. Three years. Within three years: [...] (6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought;
- Claims against a government body (S.C. Code Ann. § 15-78-80(d); § 15-78-110): www.scstatehouse.gov/code/t15c078.php
(d) The verified claim may be received by the State Fiscal Accountability Authority or the appropriate agency or political subdivision. If filed, the claim must be received within one year after the loss was or should have been discovered.
- Insurance system (S.C. Code Ann. § 56-10-225(A)-(B)): www.scstatehouse.gov/code/t56c010.php
SECTION 56-10-225. Proof of insurance and financial responsibility in vehicle; penalties. (A) A person whose application for registration and licensing of a motor vehicle has been approved by the Department of Motor Vehicles must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.
- If you were partly at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)): law.justia.com/cases/south-carolina/supreme-court/1991/23303-2.html
For all causes of action arising on or after July 1, 1991,[1] a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. The amount of the plaintiff's recovery shall be reduced in proportion to the amount of his or her negligence.
- Minimum liability coverage (S.C. Code Ann. § 38-77-140(A)): www.scstatehouse.gov/code/t38c077.php
(1) twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person; (2) fifty thousand dollars because of bodily injury to two or more persons in any one accident; and (3) twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
- Dog bites (S.C. Code Ann. § 47-3-110(A)): www.scstatehouse.gov/code/t47c003.php
(A) If a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner or person having the dog in the person's care or keeping, the dog owner or person having the dog in the person's care or keeping is liable for the damages suffered by the person bitten or otherwise attacked.
Read October 2, 2026. Laws and fees change; the linked page is the authority.