South Carolina · Deadline to sue · Updated Oct 2026
Deadline to sue after a car accident in South Carolina
Time limits, government claims and a calculator.
Short answer
In South Carolina, you generally have 3 years from the crash to sue, for car damage and for an injury. 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).
- Property damage (your car)
- 3 years
- Injury
- 3 years
- Law
- S.C. Code § 15-3-530(4) (injuring goods or chattels) and (5) (injury to the person)
- Small claims limit
- $7,500
Claims against a government in South Carolina
- 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).
Other notes on the South Carolina deadlines
- These cases go to circuit court, not magistrate court.
Shorter time limits to watch in South Carolina
- Crash report: Insurance proof is due to the SCDMV within 15 days.
Deadline to sue in South Carolina
Protecting your deadline in South Carolina
- Deadline for both kinds of claim in South Carolina: 3 years.
- If a government was involved, act fast. 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).
- Small claims, for car damage up to $7,500: South Carolina small claims guide on Small Claims Map
- Don't wait for the insurer: talks with an adjuster don't stop the clock.
Free help in South Carolina
Questions about deadlines to sue in South Carolina
How long do you have to sue after a car accident in South Carolina?
3 years from the crash, for car damage and for an injury (S.C. Code § 15-3-530(4) (injuring goods or chattels) and (5) (injury to the person)).
How do claims against a government work in South Carolina?
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).
What is the small claims limit in South Carolina?
$7,500 in Magistrate Court; businesses have the same limit.
More for South Carolina drivers
- All car accident rules in South Carolina
- Comparative fault
- Reporting a crash
- Uninsured driver
- Deadlines to sue in every state
- Small claims court for car damage
- Fault and payout explainer
- Insurance claim letter
- Police report request letter
Nearby states
- S.C. Code Title 56, Chapter 5 (crash reports)
- S.C. Code Title 38, Chapter 77 (auto insurance minimums, UM/UIM)
- S.C. Code Title 56, Chapter 10 (uninsured vehicles, penalties)
- S.C. Code Title 15, Chapter 3 (time limits)
- S.C. Code Title 15, Chapter 78 (Tort Claims Act)
- S.C. Code § 15-38-15 (apportioning fault)
- S.C. Code § 38-59-20 (improper claim practices)
- SC Department of Insurance: Automobile Insurance
- SC Department of Insurance: Auto FAQ
- SC Department of Insurance: Consumer alert, what to do after an auto accident (2016)
- SCDMV: Requesting a collision report
- S.C. Court of Appeals: Ross v. Paddy, Op. No. 3135 (2000), citing Nelson v. Concrete Supply
- S.C. Code Title 56, Chapter 19 (§ 56-19-480, total loss)
Last checked: Oct 24, 2026.