What is the Time Limit on Car Accident Claims in South Carolina?

In South Carolina, tort law governs car accidents in the state. This means that after a crash, you must file a claim with the at-fault driver’s insurance company to receive compensation. As in all states, there is a time limit on these cases in South Carolina. Below, our Daniel Island car accident lawyer explains more about the statute of limitations and how you can protect the damages you deserve.

The Statute of Limitations on Car Accident Claims in South Carolina 

The statute of limitations on car accident claims in South Carolina is three years from the date of the crash. If you do not file your claim before this time limit expires, you will lose your right to claim any compensation at all. Many people believe three years is a long time but when filing a claim, it is not. Before filing your claim, a full investigation must be conducted and evidence must be collected to prove your case. All of this takes time and so, it is imperative that you file your claim as soon as possible.

While the law on the statute of limitations is quite strict, there are some exceptions to it.

The Discovery Exception 

The exception known as the discovery rule stipulates that the clock on the statute of limitations only starts ticking when you discover your injuries. For example, you may sustain whiplash during an accident but not discover the injury until several weeks later. In this instance, you must file a claim within three years of discovering the whiplash injury. However, you must also prove that you were diligent in trying to discover the injury and that you did not simply ignore it. This typically requires you to obtain medical treatment immediately after the crash.

State Liability 

If the state caused your accident, you have only two years from the date of the crash to file a claim. For example, the state is responsible for designing and maintaining many of the roads in South Carolina. If an improper road design caused the accident that resulted in injuries, you can hold the state liable. In addition to the reduced time to file a claim, there are also other rules that may apply to these claims. It is important to always speak to an attorney before filing a claim against the state.

Lack of Capacity 

The statute of limitations can also be tolled, or delayed, past the three year time limit if the accident victim lacked the mental capacity to file a claim. This most often happens when the accident victim was a minor under the age of 18 years old, or when they suffered from a disability or incapacitation. In these cases, the statute of limitations starts when the victim has the mental capacity to file a claim.

Our Car Accident Lawyer in Daniel Island Can File Your Claim On Time 

There are many laws that govern car accident claims in South Carolina and the statute of limitations is just one. At Fuller Law Firm, our Daniel Island car accident lawyer can advise you of all the laws that apply and file your claim properly so your compensation is not at risk. Call us now at 843-277-0013 or chat with us online to request a consultation and to learn more.

Sources:

scstatehouse.gov/code/t15c003.php

scstatehouse.gov/code/t15c078.php