South Carolina Motor Vehicle Accident Calculator | CaseValue.law
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South Carolina Motor Vehicle Accident Settlement Calculator

South Carolina uses a 51% fault threshold for car accident claims. You can recover compensation as long as you are no more than 50% at fault — even in a perfectly even 50/50 split, you still receive half your damages. This is more permissive than states using a 50% bar, where equal fault results in zero recovery.

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How South Carolina Law Affects Your Motor Vehicle Accident Case

South Carolina gives you 3 years from the date of the incident to file a lawsuit, which is in line with the national average of 2.8 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position. South Carolina applies a discovery rule, meaning the clock may start when you discover (or should have discovered) the injury rather than when the incident occurred.

South Carolina’s mandatory minimum auto insurance is 25/50/25 (bodily injury per person / per accident / property damage). These are relatively low minimums. Medical costs from even a moderate car accident frequently exceed $25K, which means you may need to pursue additional recovery options if the at-fault driver carries only the minimum. South Carolina requires uninsured motorist (UM) coverage but not underinsured motorist coverage. Adding UIM coverage to your own policy is recommended.

Steps After a Car Accident in South Carolina

If you are involved in a motor vehicle accident in South Carolina, prioritize your safety, call 911, and document everything at the scene. Obtain a copy of the police report, photograph vehicle damage and road conditions, and collect contact information from witnesses. Seek medical evaluation as soon as possible — a gap between the accident and medical treatment can be used by the insurance company to argue your injuries were not caused by the collision.

Key South Carolina Laws

Filing Deadline
3 years
in line with the national average of 2.8 years
Negligence System
Modified Comparative Fault (51% Bar)
Insurance System
Tort (At-Fault)
Can sue the at-fault driver directly
Min. Liability Coverage
25/50/25
BI per person / BI per accident / PD (in thousands)

How Does South Carolina Compare?

3 yrs
Filing Deadline
Avg: 2.8 yrs
Modified
Fault System
Modified Comparative Fault (51% Bar)

South Carolina Motor Vehicle Accident FAQs

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Had Your Accident in a Different State?

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Legal Disclaimer

This calculator uses South Carolina's statutes as of 2026-03-06. Laws change frequently. This tool provides estimates for informational purposes only and does not constitute legal advice. Verify current rules with a South Carolina-licensed attorney before making decisions about your case. Learn about our methodology.

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