Time Limits to File a South Carolina Car Accident Lawsuit

Posted by the Charleston, SC Auto Accident Lawyers at Anderson & Schuster, Attorneys at Law, LLC. Our Accident Lawyers help those injured in car accidents in Charleston and across South Carolina.

If you have been involved in an auto accident in South Carolina, you have a limited amount of time to file a lawsuit. These limits are called “statutes of limitations,” and they vary depending on the kind of case you're filing. The relevant time limits for car accident law suits in South Carolina are:

  • three years after the accident for filing a personal injury lawsuit (S.C. Code Ann. § 15-3-530(5))
  • three years after the accident for filing a lawsuit for property damage (damage to a vehicle) (S.C. Code Ann. § 15-3-530(4)).

Remember, the statutes of limitations do not apply to filing a claim with either party’s insurance company after the car accident.  They only apply to the filing of an actual civil lawsuit. However, car accident statute of limitations should still be a serious consideration in how you proceed after a South Carolina car accident. If you still have the ability to file a lawsuit when you are negotiating with an insurance company you will have more leverage, and the insurance company may be more willing to negotiate.

If the government is involved in the car accident, the time limits are different.  Under the South Carolina Tort Claims Act, you only have two years from the date of the car accident to file a claim for recovery.  In addition, there are certain procedures that must be followed when filing a car accident claim against the government that differ from filing a car accident claim against private individuals.

Charleston, SC Auto Accident Attorneys 

Our attorneys are here to help those injured in auto accidents in CharlestonNorth CharlestonMount PleasantSummervilleGoose CreekHanahanJames IslandWest AshleyIsle of PalmsSullivans IslandFolly BeachJohns IslandLadsonAwendawMcClellanvilleMoncks Corner and across South Carolina. If you have been involved in an auto accident, give our accident attorneys a call today. Your consultation is free of charge.