We know navigating South Carolina's laws can be overwhelming. We're here to guide you with clarity and compassion.
If you've recently been injured in a car accident in South Carolina, you're likely facing a mix of physical pain, financial stress, and legal confusion. You're not alone—and you're in the right place. At Christmas Injury Lawyers, we help real people like you understand how South Carolina’s car accident laws work and how they can affect your right to medical care and financial recovery.
Let’s break it down in a way that’s clear, simple, and focused on what you need to know to move forward.
How Fault Works in South Carolina Car Accidents
South Carolina follows a modified comparative negligence system. What does that mean for your claim?
- If you’re 50% or less at fault, you can still recover money.
- If you’re more than 50% at fault, you cannot recover damages.
- Your total recovery will be reduced by the percentage of fault assigned to you.
Example:
If a jury finds that your damages are $100,000 but determines you were 20% at fault, you’ll be eligible to receive $80,000.
Why this matters:
The insurance company may try to pin partial blame on you to minimize their payout. That’s where a skilled trial lawyer comes in—to push back and protect your full rights under South Carolina law.
Reporting a Car Accident in South Carolina
According to South Carolina laws, you must report any accident that results in:
- Injury
- Death
- Property damage worth $1,000 or more
The report should be made to:
- The local police department (if within a municipality)
- The county sheriff
- The South Carolina Highway Patrol
Failing to report an accident could not only hurt your case but could have legal consequences, leading to penalties or a suspended license.
Time Limits: South Carolina’s Statute of Limitations for a Car Accident Lawsuit
In South Carolina, the clock starts ticking the day of your accident. You generally have:
- 3 years from the date of the accident to file a personal injury lawsuit
- 2 years if your claim is against a government agency (like a city or county vehicle)
If you miss the deadline, you may lose your right to recover any damages—no matter how strong your case is.
What You May Be Entitled To After a Car Accident in SC
If you've been injured in a car accident that wasn’t your fault, here’s what the law allows you to pursue:
Medical Expenses
All medical care related to your injury—from emergency room visits to surgery, physical therapy, and medication.
Medical bills can stack up quickly, especially if treatment is ongoing. We work to ensure you're not left footing the bill.
Lost Wages
If your injuries keep you from working, you may be entitled to recover compensation for the income you’ve lost—and may continue to lose in the future. It’s not just about the paycheck. It’s about protecting your livelihood, your ability to support your family, and receiving fair compensation for the disruption this accident has caused in your life.
Pain and Suffering
This covers the emotional and physical distress you've experienced from the accident and your injuries.
No two injuries are the same. We make sure your pain isn’t overlooked or undervalued.
Property Damage
Your car and any personal property damaged in the crash can be reimbursed through a separate property claim.
You shouldn’t have to haggle with insurers to replace what was taken from you.
Unique South Carolina Car Accident Laws That May Affect You
Understanding how our state’s laws differ from others can give you an edge when dealing with insurance companies:
At-Fault Insurance System
South Carolina is an at-fault state, meaning the person who caused the accident (and their insurance company) is responsible for damages.
You are not required to file with your own insurer first—unless you have uninsured motorist or underinsured motorist coverage.
Minimum Liability Coverage
South Carolina drivers are only required to carry:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Translation: These limits may not come close to covering your needs after a serious crash.
That’s why uninsured/underinsured motorist coverage is crucial—and why having a trial-ready attorney on your side matters when policies fall short.
Understanding Liability Insurance in South Carolina
South Carolina law requires every driver to carry liability insurance, which covers injuries and damages they cause to others in an accident. Unfortunately, just because a driver has insurance doesn’t mean they have enough—or that their insurance company will pay fairly. That’s why it’s critical to have a legal team that knows how to hold insurers accountable and fight for every dollar you're owed.
What If the At-Fault Driver Doesn’t Have Insurance?
Under South Carolina law, all drivers must meet certain minimum insurance requirements, including carrying Uninsured Motorist (UM) coverage. This coverage is designed to protect you if you're injured by a driver who doesn’t have insurance or in a hit-and-run situation. Even though UM coverage is required, getting your insurer to pay what you deserve isn’t always easy. Our team helps make sure your own policy works for you—not against you—when you need it most.
Why the Insurance Company Isn’t on Your Side in Your Car Accident Case
Insurance adjusters are trained to sound friendly—but their job is to minimize payouts, not help you. They may:
- Offer a fast, lowball settlement
- Delay your treatment approval
- Try to get you to admit partial fault
- Deny your claim outright
You don’t have to face them alone.
How Christmas Injury Lawyers Levels the Playing Field
We are trial lawyers, not settlement mills. That means:
- Every attorney here has courtroom experience
- We don’t just “handle” your case—we fight for it
- We know South Carolina injury law inside and out
From your very first call, you get a dedicated team—attorney, paralegal, case manager, and client concierge—working to protect your rights and your future.
FAQs About South Carolina Car Accident Laws
Can I still file a claim if I wasn’t wearing a seatbelt?
Yes. While it may be used to argue comparative fault, it does not automatically prevent you from seeking recovery under SC law.
Should I talk to the at fault driver’s insurance adjuster?
No. It’s best to speak with an attorney first. Anything you say can be used to weaken your claim.
How much does it cost to hire a car accident lawyer with Christmas Injury Lawyers?
We don’t get paid unless we win for you. There are no hourly fees, and your consultation is always free and confidential.
What should I do immediately after a car accident in South Carolina?
Your safety comes first—move to a safe location if you can. Then call 911, seek medical attention even if injuries seem minor, and document the scene (photos, witness info, etc.). Finally, speak with a personal injury attorney before talking to any insurance adjusters.
How long does a car accident claim take to settle in South Carolina?
Every case is different. Some insurance claims settle in a few months, while more complex cases—especially those involving serious injuries or disputed liability—can take over a year. We work efficiently, but we never rush a case if it means leaving money on the table.
Can I recover damages if the other driver fled the accident scene?
Yes. South Carolina requires all drivers to carry uninsured motorist coverage, which may apply in hit-and-run cases. We can help you file a claim through your own insurance and make sure they treat you fairly, just like we would with any at-fault driver.
What if my case requires civil litigation—do I have to go to court?
Not every case goes to trial, but if the insurance company refuses to offer what’s fair, we’re fully prepared to pursue legal action on your behalf. At Christmas Injury Lawyers, we’re a litigation firm. That means we have the courtroom experience needed to handle legal litigation and fight for the outcome you deserve—whether through settlement or trial. You won’t have to face it alone.
Call Your South Carolina Car Accident Team Today
If you’ve been injured in a car accident in South Carolina, don’t face the insurance company alone. You deserve a team that knows the law, understands what you’re going through, and fights to protect your future.
Call Christmas Injury Lawyers today at (843) 380-4112 or click on Contact Us to get started now.
