South Carolina requires uninsured motorist coverage on every policy and requires insurers to offer underinsured coverage in writing, which means many claimants have more coverage available than they realize.
Filing deadline
3 years
From the date of the accident, for injury lawsuits.
Fault rule
Modified comparative (51% bar)
South Carolina bars recovery once your fault exceeds 50%; at exactly 50% you still recover half your damages.
Required coverage
$25K / $50K
Bodily-injury liability, per person / per accident.
South Carolina uses modified comparative negligence with a 51% bar — at exactly 50% you still recover half your damages, but crossing 50% ends the claim.
Every South Carolina policy must carry uninsured motorist coverage, and insurers must offer underinsured motorist coverage in writing, so many claimants have more available coverage than they realize.
There is no PIP requirement; minimum liability coverage is $25,000 per person and $50,000 per accident.
The 3-year statute of limitations gets the headlines, but it is almost never the deadline people actually miss.
| Deadline | Window | Why it matters |
|---|---|---|
| Personal injury lawsuit | 3 years from the crash | S.C. Code § 15-3-530. |
| Claim against a government entity | Notice generally required within 1 to 2 years | The South Carolina Tort Claims Act imposes notice and procedural requirements distinct from the general deadline. |
Provisions that are specific to South Carolina and routinely surprise claimants who assumed the national norm applied.
Because uninsured coverage is required on every policy and underinsured coverage must be offered in writing, many South Carolina claimants have layers of coverage beyond the at-fault driver's minimum limits.
A claimant found exactly 50% at fault still recovers half their damages under South Carolina's rule — a meaningfully different outcome than in a strict 50%-bar state.
Crashes in Myrtle Beach and Charleston-area corridors often involve out-of-state and rental vehicles, adding coverage layers similar to other tourist-heavy states.
South Carolina requires at least $25K / $50K in bodily injury liability coverage, uninsured motorist coverage is mandatory, and fault is decided under modified comparative (51% bar).
Bodily injury per person / per accident. This is the ceiling on the at-fault driver's policy, not a valuation of your injury.
Every South Carolina auto policy carries it, so there is almost always a second pot of money when the at-fault driver is uninsured or underinsured.
The at-fault party's insurer pays, and there is no threshold to clear before claiming pain and suffering.
South Carolina bars recovery once your fault exceeds 50%; at exactly 50% you still recover half your damages.
Coverage minimums and helmet requirements are set by statute and change. Verified August 2026 against the Insurance Institute for Highway Safety helmet law table and state insurance department filings; confirm the current rule before relying on it.
National ranges adjusted for South Carolina's legal climate. Click an injury for the full South Carolina breakdown.
| Injury | Typical range | Severe cases |
|---|---|---|
| Whiplash | $3K – $25K | up to $100K |
| Back Injury | $10K – $100K | up to $500K |
| Herniated Disc | $40K – $150K | up to $700K |
| Broken Bones | $15K – $100K | up to $350K |
| Concussion / Mild TBI | $20K – $125K | up to $1M |
| Shoulder Injury | $15K – $100K | up to $300K |
| Knee Injury | $15K – $100K | up to $400K |
| Neck Injury | $15K – $125K | up to $600K |
| Spinal Cord Injury | $250K – $1.5M | up to $10M |
| Traumatic Brain Injury | $100K – $1M | up to $10M |
| Internal Injuries | $50K – $250K | up to $1M |
| Burn Injuries | $25K – $200K | up to $5M |
| PTSD / Emotional Distress | $10K – $75K | up to $250K |
| Wrongful Death | $500K – $2M | up to $10M |
| Soft Tissue Injuries | $3K – $20K | up to $75K |
| Amputation & Limb Loss | $250K – $2M | up to $10M |
| Electrocution & Electrical Injury | $50K – $500K | up to $10M |
| Complex Regional Pain Syndrome (CRPS) | $25K – $500K | up to $5M |
How the claim is built changes with how you were hurt. Each guide applies SC law to that specific kind of accident.
Car Accident
$3K – $55K
Truck Accident
$25K – $350K
Motorcycle Accident
$20K – $200K
Pedestrian Accident
$25K – $250K
Bicycle Accident
$15K – $150K
Rideshare Accident
$10K – $125K
Slip and Fall
$5K – $60K
Workplace Injury
$5K – $75K
Dog Bite
$15K – $60K
Medical Malpractice
$50K – $500K
Product Liability
$25K – $250K
Nursing Home Abuse
$30K – $300K
Electric Scooter Accident
$10K – $75K
Falling Object Injury
$15K – $150K
These apply to every claim, and each one is a mistake insurers count on.
Get treated within 72 hours, and do not skip visits
Treatment delay and gaps in care are the two most common reasons claims get discounted. If you have to pause treatment for money, work, or childcare, tell the provider so the reason appears in the chart rather than reading as recovery.
Photograph everything while it is fresh
Both vehicles from multiple angles, the scene, road conditions, skid marks, traffic controls, and your visible injuries as they develop. Bruising often looks worse on day three than on day one — photograph it again.
Keep a dated symptom journal
Pain scores, sleep disruption, and specific activities you could not do. Contemporaneous notes carry weight that a recollection twelve months later does not, and they are what make non-economic damages concrete.
Document work impact through your employer
A letter confirming missed shifts, modified duty, or lost overtime turns lost income from an assertion into a provable number.
Decline the early recorded statement
You are not obligated to give a recorded statement to the other driver's insurer. Early statements are taken before symptoms peak and are quoted back for the life of the claim.
Report every symptomatic area at the first visit
Injuries that hurt less at first get mentioned later, and the delay becomes the insurer's causation argument. List everything that hurts, even mildly.
Six phases, and the first is the longest — nothing can be valued until treatment ends or plateaus.
Nothing can be valued until your doctor says you have stopped improving — maximum medical improvement. Settling before that point means paying for your own future care.
Records, bills, wage documentation, and a written demand go to the adjuster. Assembling complete records from every provider is usually what takes the time.
The adjuster reviews the file, often runs it through claims-evaluation software, and sets an authority range. Complex or disputed claims go to a supervisor or a committee.
Offers and counters. Straightforward claims resolve in a handful of exchanges; disputed liability or serious injury can take many rounds, and sometimes a lawsuit filing to move.
You sign a release ending the claim permanently. Read it — a broad release can extinguish claims against parties you did not intend to release.
The check goes to your attorney's trust account. Liens and medical providers are paid first, then fees and case costs, then the balance reaches you. Many states require the insurer to pay within roughly 30 days of the signed release.
The questions people actually search for on this topic, answered in full.
Three years from the crash. Government-entity claims follow separate notice and procedural requirements.
You recover nothing once your fault exceeds 50%. At exactly 50%, you still recover half your damages.
No. South Carolina is an at-fault state with no PIP requirement, but mandatory uninsured motorist coverage.
$25,000 per person and $50,000 per accident for bodily injury, plus $25,000 in property damage and mandatory UM coverage.
The questions people actually search for on this topic, answered in full.
Contingency fees typically run 33% to 40%. The common structure is one third if the case settles before a lawsuit is filed, rising to 40% once litigation begins or the case approaches trial. Case expenses — filing fees, records, expert reports — are usually deducted on top of the fee rather than out of it, so ask specifically which structure the agreement uses.
Compensation for physical injury or physical sickness is generally not taxable federally. Portions allocated to lost wages, punitive damages, and interest generally are, and previously deducted medical expenses can be taxable when reimbursed. How the settlement is allocated among those categories has real consequences, so it is worth addressing before the documents are signed rather than at tax time.
The order of payment is liens and medical providers first, then attorney fees and case expenses, then you. On a $100,000 settlement with a one-third fee, $4,000 in costs, and $15,000 in medical liens, the net is roughly $48,000 — and lien negotiation is frequently where the largest gains are available, because providers often accept substantial reductions.
The insurer typically issues the check within two to four weeks of receiving the signed release, and most states require payment within a reasonable period commonly understood as 30 to 45 days. Disbursement to you then depends on how quickly liens are resolved, which can add several weeks.
Usually not. Industry analysis consistently places first offers at roughly half of a claim's fair value, and adjusters are evaluated in part on savings against reserves. Cases involving a genuine lowball frequently resolve for several times the opening number once the file is properly documented — but the first offer is also final if you accept it, because the release closes the claim permanently.
In most cases yes. Health insurers, Medicare, Medicaid, and hospitals hold subrogation or lien rights against injury recoveries. Those liens are frequently negotiable — sometimes substantially — and reducing them raises your net recovery dollar for dollar without any further negotiation with the insurer.
Answer six questions and your range appears right here — free, no sign-up, no email wall. It is already set to South Carolina, so the modified comparative (51% bar) rule and this state’s settlement climate are built into the number.
Estimated range
1/6 answered
Laws summarized for general education and may change; verify current deadlines and rules with a licensed South Carolina attorney before acting. Not legal advice. InjurySage is not a law firm. Page updated August 2026.