Can I sue for a car accident in South Carolina?

Which law covers a car accident claim in South Carolina?

governing statute

S.C. Code § 15-3-530(5)

source ↗Not yet checked against the statute.

Is South Carolina a no-fault state?

who pays first

South Carolina is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (S.C. Code § 56-10-10)

source ↗Not yet checked against the statute.

Across the country. 38 of the 51 states written up answer this the same way as South Carolina. Compare every state →

What happens if you were partly at fault for the crash in South Carolina?

your share of the fault

You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (Nelson v. Concrete Supply Co., 303 S.C. 243 (1991))

source ↗Not yet checked against the statute.

Across the country. 24 of the 51 states written up answer this the same way as South Carolina. Compare every state →

How long do you have to sue after a car accident in South Carolina?

limit

3 years

source ↗Not yet checked against the statute.

Across the country. 18 of the 51 states written up answer this the same way as South Carolina. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →

Which court hears a case like this in South Carolina?

which court

Magistrate court

source ↗Not yet checked against the statute.

How much can you sue for in South Carolina small claims court?

small claims limit

$7,500

source ↗Not yet checked against the statute.