South Carolina
South Carolina Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 4 primary sources cited on this page. How we verify our legal content
South Carolina is an at-fault (tort) state that follows modified comparative negligence with a 51% bar, so the at-fault driver's liability insurer pays and your recovery is reduced by your share of fault, but you are completely barred from recovering if you are more than 50% at fault.
Is South Carolina a no-fault or at-fault state?
South Carolina is a traditional tort (at-fault) state. When a crash happens, the driver who caused it is legally responsible for the damages, and the injured party pursues compensation by filing a claim against that driver's liability insurer, or by suing in civil court if needed. South Carolina is not one of the twelve no-fault Personal Injury Protection (PIP) states such as Florida, Michigan, or New York, and it is not a "choice" or "add-on PIP" state either.
Because South Carolina uses the traditional tort model, there is no mandatory PIP coverage and no injury threshold you must satisfy before suing for pain and suffering. From the moment an accident happens, you have the right to seek full compensation for your medical bills, lost wages, property damage, and non-economic losses directly from the at-fault driver. The only first-party medical coverage required by statute is the mandatory uninsured-motorist policy, which kicks in when the at-fault driver carries no insurance.
How fault is shared: South Carolina's negligence rule
South Carolina follows modified comparative negligence with a 51% bar, established under Nelson v. Concrete Supply Co., 303 S.C. 243 (1991). Under this rule, your damages are reduced by your own percentage of fault, but you can still recover as long as you are 50% or less responsible for the accident.
If you are found to be 51% or more at fault, you are completely barred from recovering any damages, even if the other driver was also substantially negligent. For example, if a jury awards $100,000 but finds you were 30% at fault, you collect $70,000. If the jury finds you were 55% at fault, you collect nothing. This rule differs from pure comparative negligence states (like California) where even a driver who is 90% at fault can still recover 10% of their damages, and from pure contributory negligence states (like North Carolina, just across the border) where any fault at all bars recovery entirely. South Carolina's 51% bar sits in the middle and is the most common rule in the United States.
Minimum car insurance in South Carolina
South Carolina law requires all motorists to carry at minimum 25/50/25 liability coverage under S.C. Code Ann. § 38-77-140: $25,000 for bodily injury to one person, $50,000 for all bodily injuries in a single accident involving two or more injured people, and $25,000 for property damage. These limits set the floor for compensation available to an injured driver if the at-fault driver has only minimum coverage.
Uninsured motorist (UM) coverage at the same 25/50/25 minimum limits is mandatory under S.C. Code Ann. § 38-77-150. UM coverage cannot be waived. The statute does allow an insurer to write in a deductible on the property-damage side: a policy "may provide an exclusion of the first two hundred dollars of the loss or damage," so check your own policy language rather than assuming that $200 exclusion applies. Underinsured motorist (UIM) coverage is not mandatory, but S.C. Code Ann. § 38-77-160 requires your carrier to offer it, and to offer UM limits above the mandatory minimum, up to the limits of your liability coverage. Given that the mandatory minimums are relatively low, carrying UIM coverage is strongly advisable. South Carolina does not require Personal Injury Protection (PIP), though optional coverages like MedPay are available through most carriers.
How long you have to file: the statute of limitations
South Carolina's personal-injury statute of limitations is three years from the date of the accident under S.C. Code Ann. § 15-3-530(5). This three-year window applies to bodily injury claims and property damage tort claims arising from an auto accident. If you do not file a lawsuit in South Carolina circuit court before the deadline expires, your claim is permanently time-barred regardless of how strong it might otherwise be.
There is an important exception for accidents involving government vehicles or government-owned roadways. Claims against the State of South Carolina, a county, or a municipality fall under the South Carolina Tort Claims Act (§ 15-78-110), which imposes a two-year limitations period (or three years if the claimant first filed a claim under the Act). The Act also caps what you can recover: S.C. Code Ann. § 15-78-120 limits recovery to $300,000 per person for loss arising from a single occurrence and $600,000 for the total recovered out of a single occurrence, and it bars punitive or exemplary damages against a governmental entity entirely. Because government-entity claims carry a shorter deadline, notice requirements, and those caps, it is critical to consult an attorney promptly if a government vehicle was involved. For personal-injury filing deadlines in other states, see the statute of limitations by state guide.
What a South Carolina car accident claim is worth
The value of a South Carolina car accident claim depends on the economic and non-economic damages you can prove, reduced by any share of fault attributed to you. Economic damages include your medical bills (emergency care, hospitalization, surgery, physical therapy, future treatment), lost wages, reduced earning capacity, and vehicle repair or replacement costs. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and similar intangible harms, which are not capped in an ordinary auto case between private drivers. The main exception is a claim against a government entity, where the Tort Claims Act caps total recovery at $300,000 per person and $600,000 per occurrence regardless of how the damages break down.
Because South Carolina uses the modified comparative negligence rule, any fault the jury assigns to you directly reduces your recovery. A plaintiff who sustains $200,000 in damages but is found 25% at fault walks away with $150,000. The practical ceiling is also shaped by the at-fault driver's insurance limits: a driver carrying minimum 25/50 limits can only pay out $25,000 per person from their liability policy. Your own UIM policy becomes critical when the other driver's coverage falls short of your actual damages. Use the South Carolina car accident settlement calculator to estimate potential recovery based on your injuries and fault share.
What to do after a car accident in South Carolina
The steps you take immediately after a crash in South Carolina can significantly affect both your safety and your legal claim. First, move to a safe location if possible and check for injuries. South Carolina law requires drivers involved in accidents causing injury, death, or property damage above a minimal threshold to stop and exchange insurance and identification information; leaving the scene of a crash involving injury is a serious crime (see the South Carolina hit-and-run laws page for details).
Call 911 to get police to the scene, especially if anyone is injured. A police report creates an official record of the facts and is valuable evidence when fault is disputed. Document everything you can at the scene: photograph vehicle damage, road conditions, skid marks, traffic signals, and the other driver's license plate and insurance card. Gather names and contact information from any witnesses.
Seek medical attention promptly, even if you feel fine. Some injuries like concussions or soft-tissue damage may not produce immediate symptoms, and a gap in treatment can later be used to minimize the value of your claim. Keep records of every medical visit, prescription, and out-of-pocket expense. Before you give the other driver's insurer a recorded statement or accept its offer, ask a South Carolina injury lawyer for a free claim review of what your claim is worth (attorney advertising). Insurance adjusters work for the insurer, not for you, and an early offer often does not account for the full extent of your injuries or future losses.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in South Carolina.
Related:
- South Carolina Car Accident Settlement Calculator
- South Carolina Hit-and-Run Laws
- Car Accident Laws by State: Hub
More South Carolina Laws
- South Carolina Dashcam Laws
- South Carolina Hit and Run Laws
- South Carolina Slip and Fall Laws
- South Carolina Statute of Limitations
- South Carolina Workers Compensation Laws
Frequently Asked Questions
Is South Carolina a no-fault state?
No. South Carolina is NOT a no-fault state. It is an at-fault (tort) state, which means you must file a claim against the driver who caused the crash, not your own insurer. There is no mandatory Personal Injury Protection (PIP) coverage, and you may sue for pain and suffering and all other damages without meeting any injury threshold.
Is South Carolina an at-fault state?
Yes. South Carolina is a traditional at-fault state. After an accident, the driver who caused it (and their liability insurer) is responsible for the injured party's damages. You prove negligence and file a claim or lawsuit against the at-fault driver directly.
What is the statute of limitations for a car accident in South Carolina?
You generally have 3 years from the date of the accident to file a personal-injury lawsuit in South Carolina under S.C. Code Ann. § 15-3-530(5). If a government vehicle or government entity is involved, the South Carolina Tort Claims Act applies a 2-year deadline (3 years if you first filed a claim under the Act), along with damages caps of $300,000 per person and $600,000 per occurrence. Missing the deadline almost always bars your claim entirely, so consult an attorney as soon as possible.
Can I still recover damages if I was partly at fault in South Carolina?
Yes, as long as you were 50% or less at fault. South Carolina uses modified comparative negligence with a 51% bar (Nelson v. Concrete Supply Co., 303 S.C. 243, 1991). Your damages are reduced by your fault percentage. If you were 30% at fault and suffered $100,000 in damages, you recover $70,000. If you were 51% or more at fault, you cannot recover anything.
What are the minimum car insurance requirements in South Carolina?
South Carolina requires minimum liability coverage of $25,000 bodily injury per person, $50,000 per accident, and $25,000 property damage (25/50/25) under S.C. Code Ann. § 38-77-140. Uninsured motorist coverage at the same minimums is also mandatory under S.C. Code Ann. § 38-77-150. Underinsured motorist coverage is optional, but S.C. Code Ann. § 38-77-160 requires insurers to offer it. There is no required PIP or no-fault medical coverage.
How much is my South Carolina car accident claim worth?
Claim value depends on your medical bills, lost wages, future treatment costs, pain and suffering, and other damages, minus any fault percentage assigned to you. The at-fault driver's insurance limits also set a practical ceiling unless you have UIM coverage. Use the South Carolina car accident settlement calculator for an estimate based on your specific facts.
What is uninsured motorist coverage in South Carolina and is it required?
Uninsured motorist (UM) coverage pays your damages when the at-fault driver has no insurance. In South Carolina, UM coverage at the 25/50/25 minimum limits is MANDATORY and cannot be waived (S.C. Code Ann. § 38-77-150), although that statute lets a policy exclude the first $200 of UM property-damage loss. Underinsured motorist (UIM) coverage, which applies when the at-fault driver has insurance but insufficient limits, is optional, but S.C. Code Ann. § 38-77-160 requires your insurer to offer it.
Updates
Corrected the uninsured motorist section: the $200 property-damage exclusion is optional under South Carolina law rather than automatic, mandatory UM coverage is now cited to the correct statute, and we added the South Carolina Tort Claims Act damages caps that apply to claims against government entities.
Repaired the Nelson v. Concrete Supply Co. citation link so it points to the 1991 opinion rather than an insurance-code page.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 38: INSURANCE
§ 38-77-140Bodily injury and property damage limits; general requirementsIn forcecited in 2 of our articles
(A) An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows: (1) twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person; (2) fifty thousand dollars because of bodily injury to two or more persons in any one accident; and (3) twenty-five thousand dollars because of injury to or destruction of property of others in any one accident. (B) Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 32 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Williams v. Government Employees Insurance (Supreme Court of South Carolina 2014, 409 S.C. 586)“…S.E.2d 631, 632 (2000). 3 The circuit court noted that S.C. Code Ann. § 38-77-140 provided for liability coverage with a…”
- Nationwide v. Walls (Supreme Court of South Carolina 2021)“…140—rather than the liability limits stated in the policy. S.C. Code Ann. § 38-77-140(A)(2) (2015). Safe Auto, Mayfield's ins…”
- Wausau Underwriters Insurance v. Howser (Supreme Court of South Carolina 1992, 309 S.C. 269)“…he ownership, maintenance or use” of an uninsured vehicle. S.C. Code Ann. § 38-77-140 (1989). Thus, the issue presented is w…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in South Carolina (2026): Deadlines & Liability
§ 38-77-150Uninsured motorist provision; defense of action by insurer; subrogation and assignment of benefitsIn force
(A) No automobile insurance policy or contract may be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision, undertaking to pay the insured all sums which he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits which may be no less than the requirements of Section 38-77-140. The uninsured motorist provision also must provide for no less than twenty-five thousand dollars' coverage for injury to or destruction of the property of the insured in any one accident but may provide an exclusion of the first two hundred dollars of the loss or damage. The director or his designee may prescribe the form to be used in providing uninsured motorist coverage and when prescribed and promulgated no other form may be used. (B) No action may be brought under the uninsured motorist provision unless copies of the pleadings in the action establishing liability are served in the manner provided by law upon the insurer writing the uninsured motorist provision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Stephany A. Connelly v. The Main Street America Group (Supreme Court of South Carolina 2023)“…"legally entitled to recover" found in the UM statute. See S.C. Code Ann. § 38-77-150(A) (stating all insurance policies must…”
- Wausau Underwriters Insurance v. Howser (Supreme Court of South Carolina 1992, 309 S.C. 269)“…from the owner or operator of an uninsured motor vehicle.” S.C. Code Ann. §38-77-150 (1989). An insured is legally entitled…”
- Wright v. Smallwood (Supreme Court of South Carolina 1992, 308 S.C. 471)“…enefits. II. Mandatory UM Coverage S.C. Code Ann. § 38-77-150 (1989) 3 provides:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 38-77-160Additional uninsured motorist coverage; underinsured motorist coverageIn force
Automobile insurance carriers shall offer, at the option of the insured, uninsured motorist coverage up to the limits of the insured's liability coverage in addition to the mandatory coverage prescribed by Section 38-77-150. Such carriers shall also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured liability coverage to provide coverage in the event that damages are sustained in excess of the liability limits carried by an at-fault insured or underinsured motorist or in excess of any damages cap or limitation imposed by statute. If, however, an insured or named insured is protected by uninsured or underinsured motorist coverage in excess of the basic limits, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. If none of the insured's or named insured's vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with the excess or underinsured coverage. Benefits paid pursuant to this section are not subject to subrogation and assignment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 91 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Miller v. Aiken (Supreme Court of South Carolina 2005, 364 S.C. 303)“…d perils” coverage an “automobile insurance carrier” under S.C. Code Ann. § 38-77-160 (2002), and thus required to offer und…”
- Ackerman v. Travelers Indemnity Co. (Court of Appeals of South Carolina 1995, 318 S.C. 137)“…ive offer of underinsured motorist coverage to Exxon under S.C. Code Ann. § 38-77-160 (1987), and failed to do so. The court…”
- American Security Insurance v. Howard (Court of Appeals of South Carolina 1993, 315 S.C. 47)“…mits of their insured liability coverage. See S.C. Code Ann. § 38-77-160 (1989 & Supp. 1992). In order to compl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Carolina Code of Laws, Title 15: CIVIL REMEDIES AND PROCEDURES
§ 15-3-530Three yearsIn forcecited in 10 of our articles
Within three years: (1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520; (2) an action upon a liability created by statute other than a penalty or forfeiture; (3) an action for trespass upon or damage to real property; (4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property; (5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; (6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought; (7) any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; (8) an action on any policy of insurance, either fire or life, whereby any…
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 202 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Santee Portland Cement Co. v. Daniel International Corp. (Supreme Court of South Carolina 1989, 299 S.C. 269)“…f contract was barred by the statute of limitations. See S.C. Code Ann. § 15-3-530 (1) (1976) (six year period in which to…”
- Thomerson v. DeVito (Supreme Court of South Carolina 2020)“…Does the three-year statute of limitations of S.C. Code Ann. § 15-3-530 apply to claims for promissory estoppel…”
- Dean v. Ruscon Corp. (Supreme Court of South Carolina 1996, 321 S.C. 360)“…rior to April 5,1988, . must be commenced within six years. S.C. Code Ann. § 15-3-530(3) (1976). The discovery rule is applic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Dog Bite Laws: Liability and Victim Rights, South Carolina Motorcycle Accident Laws (2026): Deadlines, Wrongful Death Laws in South Carolina (2026): Deadlines
§ 15-78-110Statute of limitationsIn forcecited in 2 of our articles
Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 58 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Doe v. City of Duncan (Court of Appeals of South Carolina 2016, 417 S.C. 277)“…brought against the State or a subdivision thereof. See S.C. Code Ann. § 15-78-110 (2005). Because Doe’s cause of action…”
- Parker v. Morin (Supreme Court of South Carolina 1995, 319 S.C. 331)“…t, a two-year statute of limitations applied to this case. S.C. Code Ann. § 15-78-110 (Supp. 1994). Since Appellants filed s…”
- Ex Parte McMillan (Supreme Court of South Carolina 1995, 461 S.E.2d 43)“…t, a two year statute of limitations applied to this case. S.C. Code Ann. § 15-78-110 (Supp. 1994). Since Appellants filed s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Slip and Fall Laws: Proving Premises Liability
§ 15-78-120Limitation on liability; prohibition against recovery of punitive or exemplary damages or prejudgment interest; signature of attorney on pleadings, motions, or other papersIn force
(a) For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits: (1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding three hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved. (2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed six hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved. (3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one million two hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Charleston County School District v. State Budget & Control Board (Supreme Court of South Carolina 1993, 313 S.C. 1)“…e damages are recoverable under the State Tort Claims Act. S.C. Code Ann. § 15-78-120 (b) (Supp. 1992). Furthermore, the Dist…”
- Foster v. South Carolina Department of Highways & Public Transportation (Supreme Court of South Carolina 1992, 306 S.C. 519)“…e with the applicable liability cap provided in the SCTCA. S.C. Code Ann. § 15-78-120 (a)(l) (Supp. 1990). *523…”
- Oliver v. South Carolina Department of Highways & Public Transportation (Supreme Court of South Carolina 1992, 309 S.C. 313)“…rolina Tort Claims Act for tort actions against the State. S.C. Code Ann. § 15-78-120 (Supp. 1991). On Oliver’s posttrial mo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- S.C. Code Ann. § 38-77-140 (minimum liability limits 25/50/25)(scstatehouse.gov).gov
- S.C. Code Ann. §§ 38-77-150 and 38-77-160 (mandatory UM; offer-required UIM)(scstatehouse.gov).gov
- S.C. Code Ann. § 15-3-530(5) (3-year personal-injury statute of limitations)(scstatehouse.gov).gov
- Nelson v. Concrete Supply Co., 303 S.C. 243 (1991) (modified comparative negligence, 51% bar)(law.justia.com).gov
- S.C. Code Ann. § 15-78-120 (SC Tort Claims Act damages caps: $300,000 per person, $600,000 per occurrence, no punitive damages)(scstatehouse.gov)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.