Insurance Claim Rights in South Carolina
South Carolina uses modified comparative fault with a 50% bar. The state has one of the highest uninsured driver rates in the country, making its mandatory uninsured motorist coverage requirement especially important. South Carolina has a 3-year statute of limitations for both personal injury and property damage claims.
25/50/25
Min. Liability
3 yrs
PI Deadline
3 yrs
PD Deadline
Yes
Diminished Value
Fault System
How South Carolina's At-Fault (Tort) System Works
South Carolina is an at-fault (tort) state. This means the driver who caused the accident is financially responsible for the other party's damages. After an accident, you file a claim against the at-fault driver's insurance company. If the claim is denied or undervalued, you have the right to file a lawsuit to recover your damages.
Deadlines
Statute of Limitations in South Carolina
Personal Injury
3 Years
You have 3 years from the date of the accident to file a personal injury lawsuit in South Carolina. Missing this deadline permanently bars your right to seek compensation for medical bills, lost wages, and pain and suffering.
Property Damage
3 Years
For property damage claims (vehicle repairs, total loss, personal property), South Carolina allows 3 years to file a lawsuit. This includes diminished value claims if applicable. Report damage to your insurer as soon as possible: report to insurer within 30 days; police report required for accidents with injury or damage over $1,000.
Coverage Requirements
Minimum Auto Insurance in South Carolina
South Carolina requires all drivers to carry at least 25/50/25 in liability coverage. These numbers represent the minimum bodily injury per person / bodily injury per accident / property damage limits in thousands of dollars. While these are the legal minimums, higher coverage is strongly recommended.
Bodily Injury / Person
$25,000
Maximum per injured person
Bodily Injury / Accident
$50,000
Maximum per accident total
Property Damage
$25,000
Maximum for property damage
Diminished Value
Diminished Value Claims in South Carolina
South Carolina Allows Diminished Value Claims
After an accident in South Carolina, your vehicle may lose market value even after high-quality repairs — this is called "diminished value." South Carolina allows you to file a diminished value claim against the at-fault driver's insurance to recover the difference between your vehicle's pre-accident and post-repair market value. The amount recoverable depends on the vehicle's age, mileage, damage severity, and repair quality.
Calculate your diminished valueKey Laws
Important Insurance Laws in South Carolina
South Carolina follows a modified comparative fault rule with a 50% bar (S.C. Code § 15-38-15).
Uninsured motorist coverage is mandatory in South Carolina and must be offered at liability limits.
South Carolina has one of the highest uninsured driver rates in the country, making UM coverage particularly important.
Resources
South Carolina Department of Insurance
If you have a complaint about your insurance company or need help with a claim dispute in South Carolina, contact the state Department of Insurance. They regulate insurance companies operating in South Carolina and can assist with claim disputes, bad faith complaints, and coverage questions.
FAQ
Frequently Asked Questions About South Carolina Insurance Claims
Why is uninsured motorist coverage so important in South Carolina?
South Carolina consistently ranks among the states with the highest percentage of uninsured drivers. Despite mandatory insurance laws, a significant portion of drivers on the road carry no coverage. Uninsured motorist coverage, which is mandatory in South Carolina, provides essential protection.
How does South Carolina's comparative fault work?
South Carolina uses modified comparative fault with a 50% bar. If you are 50% or more at fault, you cannot recover damages. If you are less than 50% at fault, your compensation is reduced by your fault percentage.
What is the statute of limitations in South Carolina?
South Carolina has a 3-year statute of limitations for both personal injury and property damage claims from a car accident. You must file a lawsuit within 3 years of the accident date.
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