South Carolina Car Accident Rules & Laws

Insurance System & Requirements

System type: South Carolina operates under an at-fault insurance system. This means the driver responsible for causing the accident is liable for damages, and their insurance typically covers the costs. Unlike no-fault states, South Carolina allows injured parties to file claims directly against the at-fault driver’s insurance or pursue a lawsuit if necessary.

Minimum liability required: South Carolina drivers are legally required to carry liability insurance to cover damages in the event of an accident. The minimum coverage limits are as follows:

• $25,000 for bodily injury or death of one person per accident
• $50,000 for bodily injury or death of all persons per accident
• $25,000 for property damage per accident

Uninsured motorist coverage (UM): South Carolina requires drivers to carry uninsured motorist (UM) coverage with limits equal to the minimum liability requirements.

Optional coverages: While the minimum coverage satisfies legal requirements, additional optional coverages can provide greater financial security. These include:

• Underinsured motorist (UIM) coverage: Protects against drivers with insufficient coverage. South Carolina law requires insurers to offer UIM coverage, but it's not mandatory to purchase it
• Collision coverage: Pays for vehicle repairs or replacement regardless of fault
• Comprehensive coverage: Covers non-collision events like theft, vandalism, or weather-related damage
• Medical Payments (MedPay): Covers medical expenses for you and your passengers, regardless of fault
• Rental reimbursement: Pays for a rental car while your vehicle is being repaired after an accident

Rideshare insurance requirements: In South Carolina, transportation network companies (TNCs) like Uber and Lyft and their drivers must follow specific insurance regulations to ensure adequate coverage in all phases of ridesharing.

• While logged into the app: 
  • Primary liability insurance of at least $50,000 per person for bodily injury or death, $100,000 per accident, and $50,000 for property damage
  • UM coverage as required by law
• While engaged in a prearranged ride: 
  • Primary liability insurance of at least $1 million for bodily injury, death, and property damage
  • UM coverage as required by law

Penalties for non-compliance:

• First offense:
  • $600 uninsured motorist fee and up to $200 or 30 days in jail, or both
  • $5 per day of lapsed coverage (up to $200)
  • License and registration are suspended until insurance is restored
  • Drivers must pay a $200 reinstatement fee and file an SR-22 form for three years
• Second offense: $200 fine, up to 30 days in jail, and other penalties from the first offense apply
• Third or subsequent offenses: Jail time ranges between 45 days and 6 months, plus all other fines and reinstatement requirements apply

If your car insurance lapses, the SCDMV will suspend your driving privileges, registration, and license plates. To reinstate them, you'll need to pay a $600 uninsured motorist fee, any reinstatement fees, and provide proof of insurance. Repeated offenses can lead to harsher penalties and a misdemeanor.

Fault & Negligence Laws

Modified comparative negligence

South Carolina follows modified comparative negligence rules when determining fault in car accidents. This means a person can recover damages if their fault does not exceed 50%. If the injured party is found partially at fault, their compensation will be reduced in proportion to their degree of fault. For example, if the plaintiff is deemed 30% at fault, they can recover 70% of their total damages.

Multi-vehicle collisions

For accidents involving multiple vehicles, South Carolina applies the principles of proportional liability. Each driver is assessed for their role in causing the accident, and liability is divided accordingly. This system ensures that no single party is unfairly burdened with all the damages unless it is proven they are the majority at fault. 

Passenger rights

Passengers injured in a car accident can seek compensation from the at-fault party following the modified comparative negligence laws. 

Statute of Limitations

• Personal injury: Victims seeking compensation for injuries sustained in a car accident must file a lawsuit within three years from the accident date
• Wrongful death: If a car accident results in death, the deceased’s family has three years from the date of death to file a wrongful death lawsuit
• Property damage: The statute of limitations for damages to a vehicle or other property resulting from an accident is also three years from the incident date

Claims against the government: The statute of limitations for filing a claim against the state of South California is equal to the limit for claims against private parties. Therefore, for personal injury, wrongful death, and property damage, claims against the state should be filed within three years from the accident date. 

Exceptions to the rule: 

• Minors or persons with disabilities: If the injured party is under 18 or mentally incapacitated during the accident, the filing period may be tolled (paused) until the disability ends. However, this extension cannot exceed five years or one year after the disability ceases, whichever comes first
• Absence of the defendant: If the at-fault party leaves the state after the accident, the time they are absent will not count toward the statute of limitations
• Discovery of injuries: For injuries not immediately apparent, the statute may begin when the injury is discovered or reasonably should have been discovered

Procedures for MVAs & Police Involvement

When to file a report

Drivers involved in accidents resulting in injury, death, or significant property damage must immediately notify the appropriate authorities. If the accident occurs:

• Within a municipality: Report it to the local police department
• Outside municipal limits: Notify the county sheriff's office or the nearest South Carolina Highway Patrol office

Drivers must file a written report to the South Carolina Department of Motor Vehicles (SCDMV) if an accident results in:

• Personal injury or death
• Property damage exceeding $1,000

Filing a report

When an accident occurs, law enforcement must be notified, and they will file an official accident report.

If law enforcement does not investigate an accident that results in personal injury, death, or property damage exceeding $1000, drivers are required to submit a written FR-309 form within 15 days of the accident to: 

S.C. Department of Motor Vehicles
Financial Responsibility
P.O. Box 1498
Blythewood, SC 29016

Accessing accident reports

• Online requests: Your accident report can be obtained through the SCDMV website. You’ll need to provide personal information to verify your identity and details about the accident, such as the date and location
• In-person: To request an accident report, complete a Request for Copy of Collision Report (SCDMV Form FR-50), which can be found, and take it to any SCDMV branch
• Mail requests: To request a report by mail, complete Form FR-50 with as much detail as possible and mail two copies along with a $6 check or money order to:

SCDMV
Titles Mail-in Unit FR-50
P.O. Box 1498
Blythewood, SC 29016-0050

Types of Compensation Available & Their Limits

If you’re injured in a car accident in Rhode Island, you may be entitled to three types of damages:

• Economic damages: These cover financial losses such as medical bills, lost wages, and property damage
• Non-economic damages: These compensate for non-financial losses, including pain and suffering, emotional distress, and loss of quality of life
  • Limitations: There are no limits on economic or non-economic damages in personal injury cases 

Punitive damages: These are meant to punish reckless or harmful behavior and prevent similar actions in the future. There are certain limits to punitive damages: 

• General cap: The greater of three times the amount of compensatory damages or $500,000
• Higher cap: If the court finds the defendant’s conduct was driven by financial gain or was felonious, the limit increases to the greater of four times compensatory damages or $2 million
• No cap: There is no cap on punitive damages in cases where the defendant acted with intent to harm, was convicted of a related felony, or was impaired by drugs or alcohol

Claims against the government: Claims against government entities in South Carolina have specific limits:

• $300,000 per person for a single accident
• $600,000 total per accident, regardless of the number of victims
• For cases involving government-employed doctors or dentists, the cap is $1.2 million
• Punitive damages and prejudgment interest cannot be recovered in claims against the government

Medical Payments & Health Coverage

At-fault driver’s insurance: If another driver is at fault for the accident, their liability insurance should cover your medical expenses. However, this process can take time as fault must be determined and a settlement negotiated.

Your health insurance: Health insurance can help cover your medical bills upfront, but your insurer may place a lien on any settlement or award you receive, requiring reimbursement for the costs they cover.

UM coverage: UM coverage is required in South Carolina and can help pay for medical expenses if the at-fault driver is uninsured. It provides financial protection in these situations.

MedPay coverage: Optional MedPay coverage on your auto insurance policy can pay for medical expenses regardless of fault. 

Out-of-pocket payments: If other payment sources are unavailable, you may need to pay for medical expenses directly. These costs can later be reimbursed through a settlement or claim.

Medical liens: Healthcare providers or insurers can file a lien against your settlement or compensation, ensuring they are repaid for services rendered before you receive your portion of the settlement.

Subrogation: Your health or auto insurance company can seek repayment from the at-fault party’s insurance once they have covered your medical bills. This process ensures the responsible party ultimately bears the cost of your medical expenses.

Unique Local Considerations

South Carolina’s diverse climate and geography create unique challenges for drivers throughout the year, from seasonal storms to wildlife hazards.

• Tropical storms and hurricanes: South Carolina’s location along the Atlantic coast makes it vulnerable to tropical storms and hurricanes during hurricane season, which runs from June to November. These storms can bring heavy rain, high winds, flooding, and downed trees, creating dangerous driving conditions and road closures
• Thunderstorms and flooding: Summer thunderstorms, often fueled by hot, humid conditions, can result in localized flash flooding. Low-lying and coastal areas are especially prone to water accumulation, making certain roads hazardous or impassable
• Winter weather: While rare, snow, sleet, and freezing rain can occur during the winter months, particularly in the Upstate and higher-elevation areas. Icy roads can make driving especially treacherous for those unprepared for winter weather
• Wildlife hazards: Deer collisions are a significant concern, particularly from mid-October to December during their mating season. Rural and wooded areas are hotspots for deer crossings, especially at dawn and dusk

For real-time updates on road conditions, the South Carolina Department of Transportation offers the SCDOT511 website and application to help you navigate roads safely.

Local Resources & Contacts

South Carolina Department of Transportation (SCDOT): https://www.scdot.org/

South Carolina Department of Motor Vehicles (SCDMV): https://scdmvonline.com/

South Carolina Department of Public Safety (SCDPS): https://scdps.sc.gov/

South Carolina Highway Patrol (SCHP): https://scdps.sc.gov/schp