Do I need a lawyer 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.
The short answer
We can't tell you whether you need a lawyer. We can show you the South Carolina rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
South Carolina uses modified comparative negligence with a 51 percent bar. You can recover money only if you were less at fault than the other driver, and your payout is reduced by your own share of fault. If you were 51 percent or more at fault, you recover nothing.
“a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant”
How long you have
- 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
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”
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”
How injury lawyers charge in South Carolina
Contingency fee rules
South Carolina does not cap contingency fee percentages for ordinary injury cases by law. A contingency fee agreement must be in writing, signed by the client, and the fee must be reasonable.
“A contingent fee agreement shall be in a writing signed by the client”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
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.”
Sources on this page
Each one was opened and checked on September 17, 2026.
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.