Car accidents in South Carolina: what to do and who pays

At the scene and reporting a crash in South Carolina

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

If anyone is hurt or killed, you must tell police right away by the quickest means: the city police inside a city, otherwise the county sheriff or the nearest Highway Patrol office.

Damage amount

$1,000

Report to the state

Insurance proof is due to the SCDMV within 15 days. If police came, the officer gives each driver a green form FR-10; your insurance company completes it (no matter who was at fault) and it goes back to the SCDMV within 15 days (insurers can file it electronically). If police did not investigate and anyone was hurt or killed or damage looks like $1,000 or more, you must send a written report (Traffic Collision Report, form FR-309) with proof of insurance to the SCDMV within 15 days. Not doing so is treated as evidence that the car was uninsured.

Deadline for your report

15 days

Law

S.C. Code §§ 56-5-1260, 56-5-1270; SC Department of Insurance consumer alert on FR-10 and FR-309

Official text

Read the official text

First 24 hours after a crash in South Carolina

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in South Carolina

South Carolina is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP is required. South Carolina auto insurance works under tort law: the at-fault driver's liability insurance pays for injuries (including medical bills, lost wages and pain and suffering) and property damage they cause. Uninsured motorist coverage is required; underinsured coverage must be offered.

Law

S.C. Code §§ 38-77-140, 38-77-150, 38-77-160; SC Department of Insurance, Automobile Insurance

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in South Carolina

Rule

Modified (51% bar)

What it means

In South Carolina, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

Case law: Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) - you can recover if your negligence is not greater than the defendant's, reduced by your share; restated by the S.C. Court of Appeals in Ross v. Paddy, Op. No. 3135 (2000) on sccourts.org. No statute states the rule (S.C. Code § 15-38-15 refers to the plaintiff's comparative negligence when splitting fault).

Compare every state's rule in the comparative negligence table.

Who pays in South Carolina: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in South Carolina

Liability minimum

25/50/25

Uninsured / underinsured motorist (UM/UIM)

Uninsured motorist coverage is required at 25/50/25, including $25,000 for damage to your own property (usually with a $200 deductible). Insurers must offer higher uninsured limits and underinsured motorist coverage up to your liability limits; underinsured coverage is optional (S.C. Code §§ 38-77-150, 38-77-160).

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in South Carolina

Request the officer's collision report from the SCDMV online, at any SCDMV branch, or by mailing two copies of form FR-50 with a $10 check or money order per report. The report is available only after the SCDMV receives and processes it. Online requests work only for crashes on or after March 22, 2012; if you have an out-of-state license or don't know your SCDMV customer number, call 803-896-5000. Official page: https://www.dmv.sc.gov/vehicle-owners/collision-reports

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in South Carolina

How fast insurers must act

S.C. Code § 38-59-20 lists improper claim practices, including not acknowledging claim communications with reasonable promptness (also for third-party claims), not adopting standards for prompt investigation and settlement, and not trying in good faith to settle promptly and fairly when liability is reasonably clear. No fixed day count was found in the statute.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in South Carolina

Driving an uninsured car is a misdemeanor: $100-$200 fine or 30 days in jail for a first offense; $200 or 30 days or both for a second; 45 days to 6 months in jail for a third within 5 years. The SCDMV suspends the owner's license, registrations and plates until a $600 reinstatement fee is paid (set yearly by the Department of Insurance); a non-owner driver's license is suspended 30 days (S.C. Code § 56-10-520). If an uninsured or hit-and-run driver injures you or damages your car, you can claim under your own required uninsured motorist coverage.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in South Carolina

Property damage (your car)

3 years

Injury

3 years

Notes, including claims against a government

Claims against South Carolina government bodies fall under the Tort Claims Act: the lawsuit must be filed within 2 years after the loss was or should have been discovered, or within 3 years if you first filed a claim under the Act (S.C. Code § 15-78-110). These cases go to circuit court, not magistrate court.

Law

S.C. Code § 15-3-530(4) (injuring goods or chattels) and (5) (injury to the person)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in South Carolina

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in South Carolina

Small claims limit

$7,500 in Magistrate Court; businesses have the same limit.

South Carolina small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in South Carolina

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• South Carolina Department of Insurance, Office of Consumer Services · 1-800-768-3467

Free help in South Carolina

• SC Department of Insurance, Office of Consumer Services · 803-737-6180
• SCDMV collision reports · 803-896-5000

Good to know in South Carolina

• When you claim against the other driver's insurer, it is required by law to pay your reasonable and necessary loss of use, such as a rental car (SC Department of Insurance auto FAQ).
• The SC Department of Insurance says insurers 'total' a car when repair costs reach 75% of its actual cash value, the threshold in S.C. Code § 56-19-480(G).
• Uninsured motorist coverage in South Carolina also covers damage to your own car, up to $25,000, usually after a $200 deductible (S.C. Code § 38-77-150; SCDOI).

Changes in 2024–2026

Since July 1, 2024, South Carolina no longer lets owners register an uninsured car by paying an uninsured motor vehicle fee: 2023 Act No. 51 reserved S.C. Code § 56-10-510 and rewrote the penalties in § 56-10-520. Every registered car must now be insured.

Free letters

Questions about car accidents in South Carolina

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