{"id":376203,"date":"2016-10-10T17:50:33","date_gmt":"2016-10-10T22:50:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-carolina-law\/south-carolina-car-accident-compensation-laws.html"},"modified":"2025-06-04T15:02:15","modified_gmt":"2025-06-04T20:02:15","slug":"south-carolina-car-accident-compensation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-carolina-law\/south-carolina-car-accident-compensation-laws.html","title":{"rendered":"South Carolina Car Accident Compensation Laws"},"content":{"rendered":"\n
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South Carolina Car Accident Compensation Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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South Carolina operates under a modified comparative negligence rule, which means if you’re less than 51% at fault in a car accident, you can still recover damages, although your compensation will be reduced by your percentage of fault. There’s no cap on compensatory damages for car accidents, though punitive damages are limited. <\/p>\n\n <\/div>\n\n

Auto accidents are a common occurrence in South Carolina. It can be frustrating to deal with the auto insurance company. You can make this process easier by taking the proper steps immediately after your motor vehicle accident.<\/p>\r\n

This article provides an overview of South Carolina’s car accident compensation laws and how to get appropriate compensation for your injuries and losses. It also explains South Carolina’s comparative negligence rules and what to do after a car accident.<\/p>\r\n

South Carolina Car Accident Compensation Laws: At a Glance<\/b><\/h2>\r\n

The table below highlights key aspects of South Carolina’s car accident laws, including limits on damages and the statute of limitations.<\/p>\r\n\r\n

Statute of limitations<\/b><\/p>\r\n<\/td>\r\n

Every state has time limits for filing personal injury claims. The statute of limitations<\/a> in South Carolina is three years from the date of the accident (South Carolina Code \u00a715-3-530<\/a>). If you don\u2019t file your claim within three years, the court will dismiss your personal injury case.<\/p>\r\n<\/td>\r\n<\/tr>

Limits on damages<\/b><\/p>\r\n<\/td>\r\n

There is no cap on damages in a car accident case. However, South Carolina law caps non-economic damages<\/a> in medical malpractice claims (\u00a7 15-32-220) and claims against the government (\u00a7 15-78-120).<\/p>\r\n

South Carolina law caps punitive damages<\/a> in personal injury cases. Under South Carolina Code \u00a715-32-530, a plaintiff cannot receive more than three times their compensatory damages or $500,000, whichever is greater.<\/p>\r\n<\/td>\r\n<\/tr>

Other limits<\/b><\/p>\r\n<\/td>\r\n

South Carolina law abides by the modified comparative negligence rule<\/a> (\u00a715-32-300<\/a>). A plaintiff can still collect damages if they\u2019re partially at fault. However, you must be less than 51% at fault. Otherwise, the court will bar your recovery.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

‘At Fault’ and ‘Comparative Negligence’ Rules in South Carolina<\/b><\/h2>\r\n

South Carolina is an at-fault state when it comes to car accident claims. To recover damages, you must first prove that the other driver was responsible for the accident.<\/p>\r\n

South Carolina also follows a "modified comparative negligence<\/a>" rule. This means that even if you are partly at fault for the accident, you can still sue the other driver for damages. However, you must be less than 51% at fault. If you were partly to blame, the judge will decrease your damages award by your degree of fault.<\/p>\r\n

For example, let’s say you’re in an accident. The court determines that you were 10% at fault and the other driver 90% at fault. If you’re awarded $1,000 in damages, the judge will reduce your payout to $900.<\/p>\r\n

What to Do After a South Carolina Car Accident<\/b><\/h2>\r\n

You must take specific steps in the moments after your auto accident. You may jeopardize your car accident claim if you don\u2019t preserve the evidence immediately after the car crash. You want to give your car accident lawyer the best chance of proving your case.<\/p>\r\n

To increase your chances of financial recovery in your South Carolina car accident case, take the following steps immediately after the collision:<\/p>\r\n

Move Your Vehicle<\/h3>\r\n

Move your car or SUV out of the lanes of traffic if you can. Do your best to get your vehicle and its occupants to safety. Check if anyone has bodily injuries and render first aid to car accident victims.<\/p>\r\n

Call 911<\/h3>\r\n

Always call 911 following an accident, even if you think you aren’t hurt. South Carolina law<\/a> requires reporting of any accident that causes more than $1,000 worth of property damage. If you were in an accident and didn’t call 911, you can still report it by filling out form FR-309<\/a>.<\/p>\r\n

Law enforcement will investigate the accident scene and check to see if the at-fault driver was under the influence of drugs or alcohol. They\u2019ll also provide your attorney with a copy of their police report, which will go a long way toward proving a personal injury claim<\/a>.<\/p>\r\n

Don’t Leave the Scene<\/h3>\r\n

Never leave the scene of a car crash. Leaving the scene of the accident<\/a>, even a minor accident, constitutes an illegal hit-and-run. You may face serious criminal charges if you flee the scene. It\u2019ll also make it very difficult to get financial compensation for your injuries.<\/p>\r\n

Exchange Information With the Other Driver<\/h3>\r\n

You and the other motorist should exchange contact information and insurance information<\/a> immediately after the crash. This way, you\u2019ll have this information should the other driver leave the accident scene before the police arrive.<\/p>\r\n

Document the Scene of the Crash<\/h3>\r\n

Take pictures of the scene and get contact information for any witnesses. You should also ask nearby businesses and homeowners for a copy of their security camera footage. This footage may help convince the adjuster to pay your insurance claim. It can also help prove fault in your personal injury lawsuit.<\/p>\r\n

Seek Medical Treatment<\/h3>\r\n

Even if you think you\u2019re okay, see a doctor. If you don\u2019t, your personal injury attorney won\u2019t be able to prove that your injuries are the result of the crash. You\u2019ll need these records to prove the other driver\u2019s liability<\/a> for your medical care, including physical therapy and future medical treatment.<\/p>\r\n

Plus, some serious car accident injuries aren’t obvious right away. For example, whiplash symptoms<\/a> often take several hours or even days to surface.<\/p>\r\n

Notify Your Insurance Carrier<\/h3>\r\n

Call your insurance agent and notify them of a possible car accident claim – At the time of the crash, it may be unclear whose insurance policy will cover the accident. You may learn that the other driver has no insurance or only liability insurance. If so, you must file a claim with your uninsured motorist coverage<\/a>.<\/p>\r\n

Talk to a Personal Injury Attorney<\/h3>\r\n

Ideally, your car insurance company will pay your claim. However, you may have to sue the at-fault driver if they don’t. There\u2019s also the chance that the driver\u2019s insurance coverage doesn\u2019t pay your out-of-pocket expenses. If so, you\u2019ll need to sue the other driver<\/a> for the remaining amount.<\/p>\r\n

A personal injury attorney can evaluate your case and walk you through your options, such as accepting an insurance settlement or taking your case to trial for damages.<\/p>\r\n

Types of Damages Available in South Carolina<\/b><\/h2>\r\n

You can typically demand two types of damages<\/a> in your personal injury lawsuit: economic and non-economic.<\/p>\r\n

Economic damages include specific costs you incur as a result of the accident. Non-economic damages refer to the more abstract costs of an accident, like emotional distress and the loss of spousal companionship.<\/p>\r\n

Economic damages<\/a> include:<\/p>\r\n