What Are South Carolina's Car Accident Laws?

If you've been involved in any kind of car accident in South Carolina:

• There's a three-year deadline for filing a car accident lawsuit in South Carolina's civil court system (starting from the date of the crash).
• If you're partly at fault for your car accident, South Carolina's "modified comparative fault" rule lets you get compensation from others who were also liable, but the amount you can collect will be reduced according to your share of fault.
• You need to report most car accidents to the South Carolina DMV.

What Is South Carolina's Statute of Limitations for Car Accident Lawsuits?

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court.

South Carolina Code section 15-3-530 sets the statute of limitations for any kind of case that could result from a car accident. Whether it's for car accident injury for vehicle damage, or for wrongful death stemming from a car crash, this law gives you three years to ask the state courts for a civil remedy.

So, that means if anyone was killed or hurt in the crash—whether a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian—or had their vehicle or other personal property damaged, they (or their representative) must get their lawsuit filed against any potential defendant within three years.

When Does the Statute of Limitations "Clock" Start?

For injury and property damage cases, the three-year "clock" starts running on the date of the accident. But for a South Carolina wrongful death lawsuit stemming from a car accident, the "clock" starts running on the day of the accident victim's death, which could be later than the date of the accident itself.

What If I Miss the Statute of Limitations Deadline in South Carolina?

If you try to file your car accident lawsuit after the applicable time limit has passed, you can count on the defendant (the person you're trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That's why it's crucial to understand how the statute of applies to your situation.

Even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to—if for no other reason than that you'll have more leverage during settlement talks.

What Is South Carolina's Comparative Negligence Rule for Car Accident Cases?

South Carolina is a "modified comparative negligence" state. This means you can still recover compensation in a car accident-related lawsuit if you're also at fault for the crash—as long as your fault wasn't greater than the other party's—but your award will be reduced according to your share of negligence.

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $100,000. However, the jury also thinks that you were 10 percent responsible for the crash. In that situation, the total amount of your damages, $100,000, is reduced by 10 percent, or $10,000, leaving you with a total award of $90,000.

Keep in mind that if your level of fault exceeds that of the other party (or parties), you'll be barred from recovering anything at all under South Carolina law.

The comparative negligence rule binds South Carolina judges and juries (if your car accident case makes it to court), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

When Do I Need to Report a Car Accident in South Carolina?

According to South Carolina Code section 56-5-1270, the driver or owner of any vehicle involved in an accident must complete and send a Traffic Collision Report form to the South Carolina Department of Motor Vehicles if the crash wasn't investigated by law enforcement, and it resulted in:

• total property damage of an apparent extend of $1,000 or more, or
• bodily injury or death.

The completed report must be submitted within 15 days after the accident.

What Is a "Salvage Brand" Title in South Carolina?

The South Carolina DMV will put a "salvage brand" on the title of any vehicle that:

• has been declared a total loss by an insurance company
• needs repairs that would exceed 75 percent of the vehicle's value at the time the damage occurred, or
• has so much damage to the body or frame that the vehicle is unsafe to operate.

The "salvage brand" will stay with the vehicle, but a "rebuilt salvage" brand will be issued on the vehicle if a new owner:

• repairs the vehicle
• completes the proper documentation
• has the vehicle inspected by an authorized agent of the DMV, and
• gets the vehicle titled in their name.

Getting Help After a South Carolina Car Accident

When you're involved in a car accident, getting information about your state's laws may be only a first step. Especially if you've been injured and key issues like fault for the crash are in dispute, it might make sense to discussion your situation (and your options) with a legal professional. Learn when you might need a lawyer after a car accident, and how to find the right attorney for an injury case.