South Carolina Car Accident Laws

South Carolina's comparative negligence rule came from the courts, not a statute — the state Supreme Court's 1991 decision in Nelson v. Concrete Supply Company established it, and it's held since.

The line between 50% and 51% fault decides whether a South Carolina claim is worth half its value or worth nothing — which is exactly why that line gets fought over.

Statute of limitations: 3 years

Under S.C. Code §15-3-530(5), you generally have three years from the date of the accident to file a lawsuit for personal injury, property damage, or wrongful death. Claims against a government entity are shorter — two years.

Fault rule: modified comparative negligence, 51% bar

Under the rule established in Nelson v. Concrete Supply Co. (1991) and codified at S.C. Code §15-38-15, you can recover damages if you're found 50% at fault or less, reduced by your percentage. At 51% or more, you recover nothing.

Insurance: at-fault system, 25/50/25 minimum

South Carolina is an at-fault state. Minimum liability limits are 25/50/25: $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. Uninsured motorist coverage matching those limits is mandatory.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, South Carolina's rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

A mistake worth avoiding in South Carolina

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

If a government vehicle or agency was involved

Under the South Carolina Tort Claims Act, a claim against the state, a city, or a county carries a two-year statute of limitations — a year shorter than the standard three years for a private claim (S.C. Code §15-78-110). Filing a “verified claim” within one year of discovering the loss extends that window to three years. Damages are capped at $300,000 per person and $600,000 per occurrence (S.C. Code §15-78-120).

If the crash resulted in a death

South Carolina's wrongful death deadline is three years from the date of death (S.C. Code §15-3-530(6)), brought by the personal representative for the benefit of the statutory heirs. If a government entity caused the death, that window shrinks to two years to match the state's Tort Claims Act deadline discussed above.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether South Carolina law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

With a hard cutoff at 51%, how fault gets assigned in South Carolina can be the entire outcome of a claim. A free, no-obligation conversation is worth having if fault is disputed.