Key Takeaways
South Carolina is an at-fault (tort) state: the driver who caused the crash — and their insurer — pays for the injuries. An injured driver generally has 3 years from the date of the crash to file a lawsuit under S.C. Code § 15-3-530. South Carolina follows a modified comparative negligence rule, so you can recover as long as you were less than 51% at fault, with your award reduced by your share of blame. South Carolina requires at least 25/50/25 in liability coverage and mandatory uninsured motorist (UM) coverage (S.C. Code § 38-77-140 and following), and it allows stacking of UM/UIM coverage when the at-fault driver is uninsured or underinsured. Roden Law has offices in Charleston, North Charleston, Columbia, and Myrtle Beach and handles car accident claims statewide on a contingency fee — no fees unless we win.
A car accident can upend your life in seconds — medical bills, lost income, a totaled vehicle, and an insurance company that is already working to pay you as little as possible. Roden Law’s South Carolina car accident lawyers level that fight. We build the evidence, deal with the adjusters, and pursue the full value of your claim, serving injured drivers statewide from offices in Charleston, North Charleston, Columbia, and Myrtle Beach. We work on a contingency fee — you pay nothing unless we win.
Who pays after a car accident in South Carolina?
South Carolina is an at-fault (tort) state. That means the driver who caused the crash is responsible for the harm, and you generally pursue that driver’s liability insurance for your injuries and losses. South Carolina requires every driver to carry at least 25/50/25 in liability coverage — $25,000 per injured person, $50,000 per accident, and $25,000 for property damage — along with mandatory uninsured motorist (UM) coverage, under S.C. Code § 38-77-140 and following. A South Carolina car accident lawyer identifies every policy and party that may owe you compensation.
How long do I have to file a car accident claim in South Carolina?
In most cases you have 3 years from the date of the crash to file a personal injury lawsuit, under S.C. Code § 15-3-530. Shorter notice deadlines can apply when a government entity — such as SCDOT or a city — is involved, under the South Carolina Tort Claims Act. Because evidence disappears quickly, it is best not to wait. Read more on the South Carolina statute of limitations.
What if I was partly at fault for the crash?
South Carolina uses a modified comparative negligence rule: you can still recover as long as you were less than 51% at fault, with your award reduced by your percentage of blame. Insurers routinely try to shift more fault onto you to cut what they pay, so how fault is assigned is often the whole ballgame — see how South Carolina comparative negligence works.
What if the other driver had no insurance or too little?
South Carolina requires UM coverage and allows you to stack uninsured and underinsured motorist coverage in many situations, which can multiply the coverage available when the at-fault driver is uninsured or carries only the minimum policy. This is one of the most valuable and overlooked parts of a South Carolina car accident claim — ask about stacking UM/UIM coverage.
What compensation can I recover after a South Carolina car accident?
Depending on the facts, a car accident recovery can include your medical bills (past and future), lost wages and lost earning capacity, vehicle repair or replacement, and pain and suffering. In cases involving especially reckless conduct — such as a drunk driver — punitive damages may also be available. We document the full extent of your losses so the insurer cannot minimize them.
What are common causes of South Carolina car accidents?
- Distracted driving — texting and phone use behind the wheel.
- Speeding and aggressive driving — especially on interstates like I-26, I-20, and I-95.
- Impaired driving — alcohol or drugs.
- Running red lights and failure to yield — intersection collisions.
- Rear-end and merge crashes — in congested corridors like Malfunction Junction in Columbia.
Crashes involving other vehicle types follow their own rules and insurers. If you were hurt by a commercial truck or while riding a motorcycle, see our South Carolina truck accident lawyers and South Carolina motorcycle accident lawyers pages.
Talk to a South Carolina car accident lawyer for free
Roden Law represents car accident victims throughout South Carolina, from the Lowcountry and the Midlands to the Grand Strand and the Upstate. A car accident attorney will review your case at no cost, explain the deadline that applies to you, and start protecting your evidence right away. There are no fees unless we win. Explore our car accident practice — one of the South Carolina personal injury claims we handle statewide.
South Carolina Law That Affects Your Case
Filing Deadline (Statute of Limitations)
3 years
South Carolina generally gives injured people 3 years from the date of injury to file a personal injury lawsuit. Some claims — especially those against a government entity under the South Carolina Tort Claims Act — have shorter deadlines.
S.C. Code § 15-3-530
Modified Comparative Negligence
51% bar
Under South Carolina’s modified comparative negligence rule, you can still recover compensation as long as you were less than 51% at fault. Your award is reduced by your share of fault — insurers often try to inflate it, and our attorneys push back.
Learn more: South Carolina statute of limitations · South Carolina comparative negligence · stacking UM/UIM coverage
Roden Law Offices Serving All of South Carolina
Frequently Asked Questions
Free Case Review — No Fee Unless We Win
If you were injured in a South Carolina car accident, a Roden Law attorney will review your case at no cost and explain your options. We work on a contingency fee basis — you pay nothing unless we recover for you.
