Is South Carolina a fault or no-fault state?

South Carolina is a At-fault (modified comparative negligence — 51% bar) state. This means the at-fault driver's insurance typically pays for damages. Under comparative negligence, your recovery may be reduced by your percentage of fault.

How long do I have to file a lawsuit after an accident in South Carolina?

The statute of limitations for personal injury claims from a traffic accident in South Carolina is 3 years. Property damage claims may have a different deadline. Missing the deadline means you lose the right to sue.

Should I hire an attorney after a traffic accident?

If you suffered injuries, significant property damage, or if fault is disputed, consulting an attorney is advisable. Most personal injury attorneys offer free consultations and work on contingency (no fee unless you win).

Topic guideUpdated 2026-02-27

South Carolina Traffic Accidents — Reporting & Legal Rights

Q: What should I do after a traffic accident in South Carolina?

Stop immediately, call 911 if anyone is injured, exchange information, document the scene with photos, and report the accident if damage exceeds Immediate notice to the local police, county sheriff, or Highway Patrol for any accident resulting in injury to or death of any person; if the accident was not investigated by a law enforcement officer, the operator or owner must forward a written report and verification of liability insurance coverage to the DMV within 15 days when there is injury, death, or total property damage to an apparent extent of $1,000 or more [§ 56-5-1260; 56-5-1270].

Q: When do I need to report a traffic accident in South Carolina?

You must report an accident if damage exceeds Immediate notice to the local police, county sheriff, or Highway Patrol for any accident resulting in injury to or death of any person; if the accident was not investigated by a law enforcement officer, the operator or owner must forward a written report and verification of liability insurance coverage to the DMV within 15 days when there is injury, death, or total property damage to an apparent extent of $1,000 or more [§ 56-5-1260; 56-5-1270], if anyone is injured or killed, or if the other driver leaves the scene. Failure to report can result in additional penalties.

Accident reporting requirements, fault system, statute of limitations, and insurance claims in South Carolina.

If you are involved in a traffic accident in South Carolina, you have specific legal obligations and rights. South Carolina is a At-fault (modified comparative negligence — 51% bar) state for accident liability §56-5-1260; §56-5-1270.

What to Do After an Accident

Stop immediately — leaving the scene is a criminal offense

Call 911 if anyone is injured or if damage exceeds Immediate notice to the local police, county sheriff, or Highway Patrol for any accident resulting in injury to or death of any person; if the accident was not investigated by a law enforcement officer, the operator or owner must forward a written report and verification of liability insurance coverage to the DMV within 15 days when there is injury, death, or total property damage to an apparent extent of $1,000 or more

Exchange information with the other driver (name, insurance, license)

Document the scene with photos and notes

Report the accident to law enforcement if required §56-5-1260; §56-5-1270

Seek medical attention even for minor injuries

Notify your insurance company promptly

Accident Reporting Requirements

You must report an accident in South Carolina if damage exceeds Immediate notice to the local police, county sheriff, or Highway Patrol for any accident resulting in injury to or death of any person; if the accident was not investigated by a law enforcement officer, the operator or owner must forward a written report and verification of liability insurance coverage to the DMV within 15 days when there is injury, death, or total property damage to an apparent extent of $1,000 or more or if anyone is injured or killed §56-5-1260; §56-5-1270.

Fault and Insurance

South Carolina follows a At-fault (modified comparative negligence — 51% bar) system:

	South Carolina Rules
Fault System	At-fault (modified comparative negligence — 51% bar)
Reporting Threshold	Immediate notice to the local police, county sheriff, or Highway Patrol for any accident resulting in injury to or death of any person; if the accident was not investigated by a law enforcement officer, the operator or owner must forward a written report and verification of liability insurance coverage to the DMV within 15 days when there is injury, death, or total property damage to an apparent extent of $1,000 or more §56-5-1260; §56-5-1270
Statute of Limitations	3 years for personal injury

Statute of Limitations

You have 3 years from the date of the accident to file a personal injury lawsuit in South Carolina under the Statute of limitations. Property damage claims may have a different deadline.

✓Even if you think you were partially at fault, consult an attorney. South Carolina's At-fault (modified comparative negligence — 51% bar) system may still allow you to recover damages depending on the circumstances.

Prepare for Your Consultation

Quick checklist (Traffic Violations)

Gather these before your first consultation.

Traffic citation copy

(date, location, violation code)

Driving record / MVR

(point history, prior violations)

Insurance and registration

(proof of coverage, vehicle reg.)

General preparation tips only. Specific needs depend on your state and violation type.

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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

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South Carolina License Suspension & Reinstatement Guide

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South Carolina Red Light & Stop Sign Violations

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Legal authoritiesStatutes referenced on this page

S.C. Code § 56-5-1260; 56-5-1270

Accident Reporting Requirements

Accidents exceeding Immediate notice to the local police, county sheriff, or Highway Patrol for any accident resulting in injury to or death of any person; if the accident was not investigated by a law enforcement officer, the operator or owner must forward a written report and verification of liability insurance coverage to the DMV within 15 days when there is injury, death, or total property damage to an apparent extent of $1,000 or more in damage or involving injury must be reported in South Carolina.

Immediate notice to the local police, county sheriff, or Highway Patrol for any accident resulting in injury to or death of any person; if the accident was not investigated by a law enforcement officer, the operator or owner must forward a written report and verification of liability insurance coverage to the DMV within 15 days when there is injury, death, or total property damage to an apparent extent of $1,000 or more

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S.C. Code Ann. § 15-3-530(5)

Injury Claim Deadline After an Accident

Personal injury claims from a traffic accident must be filed within 3 years in South Carolina.

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Verified 2026-09-24 · quarterly review

Read with S.C. Code § 56-5-1260: S.C. Code § 56-5-1270 ↗

Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →