South Carolina Car Accident Law, Lawyers and Attorneys
UPDATED: February 18, 2020
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Car accidents are unfortunately all too common across the nation. They happen daily in every city and state, and South Carolina is no exception. There were nearly 112,000 traffic collisions in South Carolina in the year 2007. If you’ve been in a car accident and you’re looking for help, you’re in the right place. Of course, if the accident just occurred, or if you or someone else involved is injured, the first thing to do is to call 911. The information available here on FreeAdvice.com deals with assessing your rights and responsibilities after the accident, but this will only be helpful after you’ve taken care of your immediate health needs. Our car accident articles cover issues ranging from claims and fault data, to liability issues and the context behind structured settlements. You will also find rules, laws and other information specific to the state of South Carolina, as well as links to South Carolina personal injury attorneys who can evaluate the strength of your claim and provide advice on the best course of action for you.
South Carolina Car Accident Articles:
How an Auto Accident Insurance Claim Works
What is Your Car Accident Injury Claim Worth
Who is at Fault?
Car Insurance and Auto Accidents: Are You Covered?
What You Can Expect to Recover for Property Damage in Auto Accident Cases
Auto Accidents: Options if You’re at an Impasse with the Insurance Adjuster
Car Accidents Involving Government-Owned Vehicles and Government Workers
Do I Need to Contact an Attorney After a Car Accident
South Carolina Car Accident Lawyers:
Find an experienced South Carolina Car Accident Attorney at AttorneyPages.com
Special Rules for South Carolina Car Accidents:
South Carolina Fault: Proportional Comparative Fault at 51%
South Carolina Car Insurance Requirements/Limits: Bodily Injury & Property Damage Liability. The minimum level required by law is:
$25,000 per person for bodily injury AND $25,000 for uninsured motorist coverage per person for bodily injury
$50,000 per accident for bodily injury AND $50,000 for uninsured motorist coverage per accident for bodily injury
$25,000 per accident for property AND $25,000 for uninsured motorist property damage
Proof of this liability insurance must be kept available in the vehicle at all times, including when registering a vehicle, renewing license plates, or anytime a police officer or the Department of Revenue asks you to show proof of insurance.
South Carolina Small Claims Limits: $7,500
South Carolina Personal Injury Statute of Limitations: 3 years with discovery rule
South Carolina Auto Accidents Involving Government Vehicles: In most cases, government entities receive protection from private lawsuits under a legal doctrine known as “government immunity” or “sovereign immunity.” This doctrine doesn’t necessarily provide complete protection for the government, however. It may just impose extra notice requirements on you before you file suit. For more information on this type of government protection, follow this link to the FreeAdvice.com article on vehicle accident claims against government entities. Keep in mind that, depending on which government entity, there are frequently special requirements for how long you have to notify them of your claim. See below for some South Carolina specific details:ï¿½
Requirements for Filing Against Government Entities:
1) For filing against the Federal Government: Use Standard Form 95 and follow the instructions on the back page. The form must be completed and submitted to the appropriate agency within two years after the claim accrues.
2) For filing against the State of South Carolina: For accidents involving the South Carolina government, view this link and fill out the Consumer Complaint Form at the bottom.ï¿½ Also feel free to contact any of the state agencies listed below for information on how to resolve accident claims with their employees. Note that there is a statute of limitations of 3 years (same as other personal injury lawsuits) for cases that will involve government liability, but that is only when a notice of claim is filed. Without a notice of claim, the statute drops to 2 years, with the discovery rule.
3) For filing against a South Carolina county or municipality: The requirements vary with the entity, so you’ll have to contact the specific county or agencies involved. See South Carolina Personal Injury Venue below and our article on South Carolina Car Accident Resources and Statutes for more information on where and how to file a claim. ï¿½
In dealing with accidents involving government entities and employees, be aware that there are always special notices to be filed against the appropriate government unit responsible, whether in risk management, attorney general’s offices, or local agencies, and the time periods are limited in all cases (as little as 30-180 days). The rules can be confusing, so carefully check the forms linked above before you fill them out. Accident claims involving the government can be complicated. Any mistakes in filing or failing to file on time could result in losing your ability to recover for your damages and injuries. Consult an experienced attorney right away to preserve your rights. Also see Car Accidents Involving Government-Owned Vehicles and Government Workers.
South Carolina Personal Injury Venue (Where to File Lawsuit): In the municipal or justice court located where the defendant (the person you are suing) lives or does business. Alternatively, you might consider filing in a court located where the accident occurred. If you are filing a claim against a government agency and are unsure of which agency is responsible, the most prudent course is to file a separate claim against each agency, or contact a South Carolina auto accident attorney.