The short answer
- You generally have 3 years to file a lawsuit. S.C. Code §15-3-530(5).
- South Carolina uses modified comparative negligence with a 51% bar. Found 51% or more at fault, and you recover nothing.
- South Carolina is an at-fault state. Minimum liability insurance is 25/50/25.
Last checked 1 July 2026
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.
South Carolina car accident laws at a glance
| Rule | What applies in South Carolina | Statute | Detail |
|---|---|---|---|
| Deadline to file an injury lawsuit | 3 years | S.C. Code §15-3-530(5) | Read more |
| Fault rule | Modified comparative negligence, 51% bar | S.C. Code §15-38-15 | Read more |
| Insurance system and minimums | At-fault system, 25/50/25 minimum | S.C. Code §38-77-140 | Read more |
| Wrongful death deadline | Three years from the date of death | See the section | Read more |
Last checked 1 July 2026. Each row links to the section that explains it, with the statute.
How long do I have to file a car accident lawsuit in South Carolina?
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.
What if I was partly at fault in South Carolina?
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.
- Found 20% at fault → you recover 80% of your damages
- Found 50% at fault → you still recover half
- Found 51% at fault → you recover nothing
What car insurance does South Carolina require?
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.
RelatedCar accident with no insuranceHow UM/UIM coverage works when the other driver can’t pay.
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.
What mistake should I avoid after a crash 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.
What 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).
What is the deadline if the crash caused 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 should I talk to a lawyer in South Carolina?
With a hard cutoff at 51%, how fault gets assigned in South Carolina can be the entire outcome of a claim. A conversation with a qualified lawyer is worth having if fault is disputed.
- 3-year deadline for injury, property damage, and wrongful death.
- Modified comparative negligence: 51% at fault or more bars recovery entirely.
- At-fault state; minimum insurance is 25/50/25, with mandatory matching UM.
- The fault rule came from a 1991 court decision, not a statute.
Common questions
How long do I have to sue after a car accident in South Carolina?
Generally three years from the date of the accident (S.C. Code §15-3-530(5)), for injury, property damage, and wrongful death claims alike.
What happens if I was partly at fault in South Carolina?
You can recover damages reduced by your percentage of fault, as long as you're found 50% at fault or less. At 51% or more, South Carolina law bars you from recovering anything.
Is South Carolina a no-fault state?
No. South Carolina is an at-fault state — the driver responsible for the crash is liable for damages through their insurance.
What is the minimum car insurance required in South Carolina?
South Carolina requires 25/50/25 liability coverage: $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage.
What if a government vehicle or agency caused the crash in South Carolina?
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).
How long do I have to bring a wrongful death claim in South Carolina?
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.
What mistake should I avoid after a crash 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.
How does the South Carolina fault rule work 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.
When is it worth talking to a lawyer in South Carolina?
With a hard cutoff at 51%, how fault gets assigned in South Carolina can be the entire outcome of a claim. A conversation with a qualified lawyer is worth having if fault is disputed.
Sources
Written by The Accident Advisory editorial team from the sources below.
- S.C. Code §15-3-530(5) — three-year statute of limitations.
- S.C. Code §15-38-15 — modified comparative negligence, 51% bar (codifying Nelson v. Concrete Supply Co., 1991).
- S.C. Code §38-77-140 — minimum liability insurance requirements.
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. This page reflects South Carolina law as of the "last checked" date shown below and may not reflect subsequent changes. Always confirm current law or speak with a licensed South Carolina attorney before relying on this for a decision.