South Carolina car accident settlement calculator

South Carolina filing deadlines

15-3-530(6): wrongful death within three years, "the period to begin to run upon the death of the person". Tort Claims Act text:

If you were partly at fault

South Carolina follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

• With $100,000 in damages and 30% of the fault, you would recover $70,000.
• With 55% of the fault, you would recover $0, because the rule bars your claim.

Applies to causes of action arising on or after July 1, 1991. Recovery allowed at 50% (equal fault).

Source: Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) (judicially adopted; no statute), as quoted in Lampley v. Hulon, S.C. Ct. App. Op. No. 5798 (Feb. 3, 2021). Compare all states in the comparative negligence table.

At-fault (tort) state

In South Carolina the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

Insurers may sell optional no-fault/medical payment coverage, but it is not required.

Minimum car insurance in South Carolina

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. (3) twenty-five thousand dollars property damage. Last amended by 2006 Act No. 395 (policies on or after Jan 1, 2007). UM required at no less than 38-77-140 limits plus $25,000 UM property damage (38-77-150). UIM must be offered (38-77-160).

Damage caps

South Carolina does not cap pain and suffering in ordinary car accident cases. Punitive damages: Greater of 3 times compensatory or $500,000; up to greater of 4 times compensatory or $2,000,000 for conduct motivated by unreasonable financial gain or felony conduct; no cap in listed cases such as intent to harm or DUI-type conduct (S.C. Code 15-32-530)

The only noneconomic cap in Chapter 32 (Noneconomic Damage Awards Act of 2005, 15-32-220) applies to medical malpractice claims ($350,000 per provider, CPI-adjusted). No cap for ordinary car accident injury claims.

Dog bite law

Strict liability statute. Covers bites and other attacks. Exceptions: victim provoked or harassed the dog and that was the proximate cause, or a qualifying law enforcement dog acting under lawful command.

Source: S.C. Code 47-3-110. Estimate a claim with the dog bite calculator.