Car Accident Claims in South Carolina
Minimum car insurance in South Carolina, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.
Short answer: A driver in a crash that injures or kills anyone must immediately, by the quickest means available (oral or written), notify the local police department if the crash is inside a city or town, or otherwise the county sheriff or the nearest South Carolina Highway Patrol office. S.C. Code Ann. §§ 56-5-1260, 56-5-1210(A)
| Reporting a crash to police | A driver in a crash that injures or kills anyone must immediately, by the quickest means available (oral or written), notify the local police department if the crash is inside a city or town, or otherwise the county sheriff or the nearest South Carolina Highway Patrol office. A driver may briefly leave the scene to report the crash. |
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| Crash report to the DMV | If a crash causing injury, death or total apparent property damage of $1,000 or more was not investigated by a law enforcement officer, the vehicle's operator or owner must send the SC Department of Motor Vehicles a written report with verification of liability insurance within 15 days, in the manner the DMV and Department of Public Safety prescribe. Not sending the verified report is treated as prima facie evidence that the vehicle was uninsured. When an officer investigates such a crash, the officer files the report with the DMV within 24 hours after finishing the investigation. Source: S.C. Code Ann. § 56-5-1270 |
| Leaving the scene (hit and run) | A driver in a crash causing injury, death or damage to an attended vehicle must stop at or as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license if asked, and given reasonable help to anyone injured (including arranging transport for treatment). After a crash with injury: a misdemeanor punishable by 30 days to 1 year in jail and/or a $100–$5,000 fine. With great bodily injury: a felony, 30 days to 10 years and a $5,000–$10,000 fine. With death: a felony, 1 to 25 years and a $10,000–$25,000 fine. Leaving a crash that damaged only an attended vehicle is a misdemeanor: up to 1 year and/or a $100–$5,000 fine. For an unattended vehicle, the driver must find the owner or leave a written note with names, addresses and what happened. |
| Minimum car insurance | Auto liability policies must provide at least $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one accident, and $25,000 for property damage. Source: S.C. Code § 38-77-140 |
| Deadline to sue for an injury | Three years for assault, battery, or any injury to the person or rights of another not arising from a contract. Source: S.C. Code § 15-3-530(5) |
| Deadline to sue for property damage | Three years for taking, detaining or injuring goods or personal property (such as a car), and three years for trespass on or damage to real property. Source: S.C. Code § 15-3-530(3), (4) |
More South Carolina personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in South Carolina
- Wrongful Death Lawsuits in South Carolina
- Medical Malpractice Rules in South Carolina
- Dog Bite Liability in South Carolina
- Sidewalk and Public Property Falls in South Carolina
- Motorcycle Accident Claims in South Carolina
- Pedestrian Accident Claims in South Carolina
- Bicycle Accident Claims in South Carolina
- Uber and Lyft Accident Claims in South Carolina
- Construction Site Injuries in South Carolina
- All South Carolina personal injury & wrongful death rules
FAQ
When do you have to report a car accident to the police in South Carolina?
A driver in a crash that injures or kills anyone must immediately, by the quickest means available (oral or written), notify the local police department if the crash is inside a city or town, or otherwise the county sheriff or the nearest South Carolina Highway Patrol office. A driver may briefly leave the scene to report the crash.
Do you have to report a car accident to the DMV in South Carolina?
If a crash causing injury, death or total apparent property damage of $1,000 or more was not investigated by a law enforcement officer, the vehicle's operator or owner must send the SC Department of Motor Vehicles a written report with verification of liability insurance within 15 days, in the manner the DMV and Department of Public Safety prescribe. Not sending the verified report is treated as prima facie evidence that the vehicle was uninsured. When an officer investigates such a crash, the officer files the report with the DMV within 24 hours after finishing the investigation.
What are your duties after a car accident in South Carolina?
A driver in a crash causing injury, death or damage to an attended vehicle must stop at or as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license if asked, and given reasonable help to anyone injured (including arranging transport for treatment). After a crash with injury: a misdemeanor punishable by 30 days to 1 year in jail and/or a $100–$5,000 fine. With great bodily injury: a felony, 30 days to 10 years and a $5,000–$10,000 fine. With death: a felony, 1 to 25 years and a $10,000–$25,000 fine. Leaving a crash that damaged only an attended vehicle is a misdemeanor: up to 1 year and/or a $100–$5,000 fine. For an unattended vehicle, the driver must find the owner or leave a written note with names, addresses and what happened.
What is the minimum car insurance required in South Carolina?
Auto liability policies must provide at least $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one accident, and $25,000 for property damage.
What is the statute of limitations for personal injury in South Carolina?
Three years for assault, battery, or any injury to the person or rights of another not arising from a contract.
How long do you have to sue for property damage in South Carolina?
Three years for taking, detaining or injuring goods or personal property (such as a car), and three years for trespass on or damage to real property.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.