What to do after a car accident in South Carolina
Every rule below is quoted from South Carolina law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
South Carolina is an at-fault state. The driver who causes a crash is responsible for the other person's injuries and damage. A driver in a crash that injures or kills someone must immediately notify the local police department or county sheriff. You have 3 years from the crash to sue over your injuries.
Deadlines in South Carolina
- 3 years
- to sue for injuriesS.C. Code 15-3-530(5)
- 3 years
- to sue for car or property damageS.C. Code 15-3-530(4)
- 3 years
- for a family to sue after a deathS.C. Code 15-3-530(6)
- 2 years, or 3 years if a claim was filed first
- to notify the government if a public vehicle or road was involvedS.C. Code 15-78-80, 15-78-110
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
A driver in a crash must stop, give their name, address, and license plate number, show their driver's license, and help anyone who is hurt, including arranging a ride to a doctor or hospital if needed.
“render to any person injured in such accident reasonable assistance, including the carrying or making arrangements for the carrying of such person to a physician, surgeon or hospital”
When you must call the police
A driver in a crash that injures or kills someone must immediately notify the local police department or county sheriff.
“The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately by the quickest means of communication”
Moving your car out of traffic
If a car can still be driven safely after a minor crash, the driver must make a reasonable effort to move it out of the road so it does not block traffic.
“shall make every reasonable effort to move any vehicle that is capable of being driven safely off the roadway...so as not to block the flow of traffic”
In the days after
Whether you must file a report yourself
If the crash caused an injury, a death, or at least $1,000 in total property damage, the driver or owner must send a written report to the SC Department of Motor Vehicles within 15 days. This is usually only needed if police did not already investigate.
“The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more”
Getting a copy of the crash report
You can request a copy of a South Carolina collision report online through the SCDMV, by mail, or in person at an SCDMV branch using Form FR-50. The fee is $10 per report.
“$10 per collision report”
Who pays for the damage
South Carolina is an at-fault state. The driver who causes a crash is responsible for the other person's injuries and damage.
“South Carolina implements a tort system.”
Insurance rules in South Carolina
What insurance every driver must carry
South Carolina drivers must carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $25,000 in property damage coverage.
“twenty-five thousand dollars because of bodily injury to one person in any one accident”
Personal injury protection (PIP)
South Carolina does not require drivers to carry personal injury protection or medical payments coverage.
“There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of this State.”
If the other driver has no insurance
Every South Carolina auto policy must include uninsured motorist coverage at least equal to the state's minimum liability limits. Underinsured motorist coverage is not automatic, but insurers must offer it to you.
“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”
Medical payments coverage
South Carolina does not require medical payments coverage. Insurers are not required to offer it, though some sell it voluntarily.
“There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of this State.”
If an insurance company treats you unfairly
You can file a complaint against an insurance company with the SC Department of Insurance online or by mailing in a complaint form, after first giving the insurance company a chance to resolve the problem.
“Please contact the insurance company and allow them the opportunity to resolve your issue.”
The deadline rules, word for word
Deadline to sue for injuries
You have 3 years from the crash to sue over your injuries.
“an action for assault, battery, or any injury to the person or rights of another, not arising on contract”
Deadline to sue for car damage
You have 3 years from the crash to sue over damage to your vehicle or other property.
“an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property”
Deadline for a wrongful death claim
A wrongful death lawsuit must be filed within 3 years of the death.
“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”
If a government vehicle or road was involved
If a government vehicle or a government's road defect caused the crash, you must file a written claim with the government agency, and you must sue within 2 years of when you discovered the loss. If you file a claim first, you get 3 years to sue instead of 2.
“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”
Sources on this page
Each one was opened and checked on September 17, 2026.
- SC Dept of Insurance, Automobile Insurance guidance
- S.C. Code 38-77-144
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)
- S.C. Code 15-3-530(5)
- S.C. Code 15-78-80, 15-78-110
- S.C. Code 56-5-1260
- SCDMV Collision Reports page / Form FR-50
- SC Dept of Insurance, Office of Consumer Services
- SC Rule of Professional Conduct 1.5, Rule 407, SCACR
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.