What should I do after a car accident in South Carolina?
South Carolina is an at-fault (tort) state operating under modified comparative negligence adopted in Nelson v. Concrete Supply Co., 303 S.C. 243 (1991).
1. Immediate Steps at the Scene
2. Mandatory Reporting
3. Minimum Liability Insurance
25/50/25 under S.C. Code § 38-77-140. Uninsured Motorist coverage at 25/50/25 is also mandatory under § 38-77-150.
4. Modified Comparative Negligence — 51% Bar
Per Nelson v. Concrete Supply Co., 303 S.C. 243 (1991), the plaintiff may recover only if their negligence was not greater than the defendant's (i.e., 50% or less). Damages reduced by plaintiff's percentage. Aggregated against multiple defendants under Cole v. SCE&G, 355 S.C. 183 (2003).
5. Statute of Limitations
6. Damages Cap Under Tort Claims Act
Claims against governmental entities under the SCTCA are capped at $300,000 per person/$600,000 per occurrence (S.C. Code § 15-78-120).
This is legal information, not legal advice.
- Government defendant — Tort Claims Act caps and notice deadlines apply
- Insurer asserts you bear more than 50% of fault
- Catastrophic injury exceeds policy limits — UM/UIM stacking may apply
- S.C. Code § 38-77-140
- S.C. Code § 56-5-1210
- S.C. Code § 56-5-1270
- S.C. Code § 15-3-530
- S.C. Code § 15-78-110
- S.C. Code § 15-78-120
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.