Is South Carolina a no-fault state?

No. South Carolina is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is South Carolina's fault rule for a car accident?

South Carolina follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in South Carolina?

In South Carolina the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

South Carolina · Injury claims

Car accident injury claims in South Carolina

In South Carolina, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in South Carolina.

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South Carolina at a glance

Fault rule: Modified comparative — 51% bar
No-fault state?: No
Minimum liability coverage: 25/50/25 ($25K BI/person; $50K BI/accident; $25K PD) — STANDARD cluster (the prior '$50K elevated PD floor' was fabricated and struck per Batch 33a). S.C. Code § 38-77-140. UM mandatorily included at 25/50 (§ 38-77-150); UIM mandatorily offered at 25/50 (§ 38-77-160).
Time limit for an injury claim: 3 years

How fault works in South Carolina

Modified comparative fault — 51% BAR — under Nelson v. Concrete Supply Co., 303 S.C. 243 (S.C. 1991) (common-law adoption; abandoned contributory negligence). Plaintiff at 50% or less recovers reduced damages; plaintiff at 51% or more recovers nothing. § 15-38-15 is the several-liability framework (distinct from the comparative-fault rule; amended by H.3430 / Act 42 of 2025, eff. 1/1/2026, prospective). SC joins FL/TX/MI/PA/NJ/CT/IN/WI 51%-bar cluster.

Paying for injuries in South Carolina

AT-FAULT STATE — no statutory PIP/no-fault ever enacted. § 38-77-140 mandates liability minimums; MedPay is optional first-party medical coverage (carrier-offered). No tort threshold. First-party medical via optional MedPay, UM/UIM where applicable, or health insurer (subject to make-whole/subrogation).

How Moe handles injury claims in South Carolina

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to South Carolina’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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South Carolina injury claims — common questions

Is South Carolina a no-fault state?: No. South Carolina is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is South Carolina's fault rule for a car accident?: South Carolina follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
How long do I have to file an injury claim in South Carolina?: In South Carolina the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All South Carolina accident-claim rules · Other states

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This page summarizes South Carolina’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.