By Serdar Arslan, editor · Last reviewed · How we research
South Carolina makes uninsured motorist coverage mandatory, alongside liability minimums of 25/50/25, which gives crash victims a backstop when the at-fault driver has no insurance. Fault is compared under a modified rule from Nelson v. Concrete Supply Co.: your damages are reduced by your share, and you recover nothing if your fault is greater than the other party's.
Injury, vehicle damage and wrongful death suits all generally have 3 years, with wrongful death measured from the date of death. The South Carolina Tort Claims Act sets a split timeline for government claims: generally 2 years to sue, or 3 years if you first file a verified claim with the agency within 1 year of discovery, followed by a wait of up to 180 days for a response. Recovery against government agencies is capped at $300,000 per person and $600,000 per occurrence. If no officer investigated a crash with injury or qualifying damage, the driver must file a report with the SC DMV within 15 days. South Carolina recorded 1,038 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years from the date of the accident |
|---|---|
| Property damage deadline | Generally 3 years from the date of the accident for damage to your vehicle or other property Source: S.C. Code § 15-3-530(4) |
| Wrongful death deadline | Generally 3 years from the date of death, which may be later than the accident date Source: S.C. Code § 15-3-530(6) |
| Claims against a government entity | Under the South Carolina Tort Claims Act, you generally must sue within 2 years after the loss was or should have been discovered. If you first file a verified claim with the agency (within 1 year of discovery), you generally have 3 years. After filing a claim, you usually must wait up to 180 days for the agency to respond before suing. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if your fault is greater than the other party's (more than 50%). |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on damages in car accident cases against private parties. Under the Tort Claims Act, recovery against government agencies is capped at $300,000 per person and $600,000 per occurrence (S.C. Code § 15-78-120). A 2025 bill (H. 4142) proposed raising these limits; check whether it passed. |
| Reporting a crash | If law enforcement did not investigate a crash that caused injury, death or qualifying property damage, the driver or owner must file a Traffic Collision Report with the SC DMV within 15 days. Source: S.C. Code § 56-5-1270 |
Getting your crash report in South Carolina
Request a copy of a collision report from the SC DMV online, by mail or at any DMV office using Form FR-50. The fee is $10 per report. Have the collision date, county, driver names and license numbers ready. Official request page
Checking a South Carolina lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: South Carolina Judicial Branch – Attorney Search
- Lawyer referral: South Carolina Bar Lawyer Referral Service · 803-799-7100
1,038 people died in motor vehicle crashes in South Carolina in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Is uninsured motorist coverage required in South Carolina?
Yes. South Carolina requires uninsured motorist coverage on auto policies, along with liability minimums of $25,000 per person, $50,000 per accident and $25,000 for property damage. Check your declarations page for your exact limits.
›How does a verified claim change my deadline against a state agency?
Under the Tort Claims Act, you generally must sue within 2 years after the loss was or should have been discovered. If you first file a verified claim with the agency within 1 year of discovery, you generally have 3 years (S.C. Code §§ 15-78-80, 15-78-110). You usually must wait up to 180 days for the agency to respond before suing.
›How much can I recover from a South Carolina government agency?
Recovery is capped at $300,000 per person and $600,000 per occurrence (S.C. Code § 15-78-120). A 2025 bill (H. 4142) proposed raising these limits, so check whether it passed.
›When does the wrongful death clock start in South Carolina?
Generally 3 years from the date of death, which may be later than the accident date (S.C. Code § 15-3-530). Injury and vehicle damage claims generally have 3 years from the date of the accident.
›Do I have to file my own collision report?
Only if law enforcement did not investigate a crash that caused injury, death or qualifying property damage. In that case, the driver or owner must file a Traffic Collision Report with the SC DMV within 15 days (S.C. Code § 56-5-1270).
Sources
- S.C. Code Title 15, Chapter 78 – Tort Claims Act (SC General Assembly)
- SC General Assembly – Bill 4142 (2025–2026) Tort Claims Act limits
- SC Department of Insurance – Auto FAQ
- S.C. Code Title 15, Chapter 3 – Limitation of Civil Actions (SC General Assembly)
- S.C. Code Title 56, Chapter 5 – Traffic on Highways (SC General Assembly)
- Nelson v. Concrete Supply Co. opinion (SC Bar)
- SC DMV – Form FR-50 Request for Copy of Collision Report
- South Carolina Bar – Do You Need a Personal Injury Lawyer?
- IIHS – Fatality Facts, state by state (NHTSA FARS)