Accident Settlement Calculator

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South Carolina Car Accident Settlement Calculator

In South Carolina, you generally have 3 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a South Carolina claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

South Carolina rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

South Carolina uses modified comparative negligence, adopted by the courts rather than by statute. For causes of action arising on or after July 1, 1991, an injured person can recover as long as their negligence is not greater than that of the defendant(s) (so 50 percent or less), with damages reduced by their percentage of fault. At 51 percent or more, they recover nothing (Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)). S.C. Code 15-38-15 refers to 'applicable rules concerning comparative negligence'. As amended by 2025 Act No. 42 (H.3430), effective January 1, 2026, it also makes a defendant less than 50 percent at fault liable only for its own share, and lets juries allocate fault to properly disclosed non-party tortfeasors.

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Deadline to file a lawsuit3 years from the accident
Details & exceptions

S.C. Code 15-3-530(5): 3 years for 'any injury to the person or rights of another, not arising on contract'. 15-3-530(3)-(4): 3 years for damage to real property and for 'injuring any goods or chattels'. 15-3-530(6): 3 years for wrongful death, running from the date of death. Claims against the State or political subdivisions under the Tort Claims Act: suit within 2 years after the loss was or should have been discovered, or within 3 years if a verified claim was first filed (15-78-110). Tort Claims Act damages are capped at $300,000 per person and $600,000 per occurrence, or $1,200,000 for torts by government-employed licensed physicians or dentists (15-78-120(a)).

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $25,000. S.C. Code 38-77-140(A): $25,000 bodily injury to one person, $50,000 for two or more persons, and $25,000 property damage per accident. The section history cites 2006 Act No. 395, sec. 3.A, effective June 14, 2006 'affecting policies issued or renewed on or after January 1, 2007'. The 2025 tort reform act (Act No. 42) did not amend 38-77-140.

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No cap on noneconomic damages applies to ordinary auto injury claims against private defendants. The Contribution Among Tortfeasors chapter lists noneconomic losses (mental distress, pain, suffering, etc.) but sets no limit (15-38-15). South Carolina's noneconomic damages cap applies only to medical malpractice (reported as S.C. Code 15-32-220, not read in this pass). Claims under the Tort Claims Act are capped at $300,000 per person / $600,000 per occurrence in total damages (15-78-120). The 2025 tort reform act (Act No. 42, H.3430) changed joint and several liability and liquor liability rules but did not add a general damages cap.

Uninsured motorist coverageRequired
Details & exceptions

S.C. Code 38-77-150(A): no auto policy may be issued without an uninsured motorist provision with limits no less than the 38-77-140 minimums (25/50), plus at least $25,000 UM property damage coverage (a $200 deductible is allowed). This UM coverage is mandatory and cannot be rejected. Underinsured motorist coverage is not mandatory: under 38-77-160, insurers must offer UIM (and additional UM) up to the insured's liability limits, at the insured's option.

Worked example: a typical South Carolina car accident claim

Another driver turned left into you at an intersection in South Carolina: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000South Carolina uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in South Carolina

The 3-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road2 years to sue (optional claim within 1 year)

Under the SC Tort Claims Act you must sue the state or local government within 2 years. If you first file a verified claim (within 1 year, with the employing agency or political subdivision), the deadline to sue becomes 3 years.

S.C. Code 15-78-80 and 15-78-110 (South Carolina Tort Claims Act), South Carolina Legislature

If the injured person is a child

The clock is paused while the child is under 18, but the extension cannot run past one year after the 18th birthday, so a child usually has until age 19 or the normal 3 years, whichever is later.

S.C. Code 15-3-40, Exceptions as to persons under disability, South Carolina Legislature

How fast a South Carolina insurer must respond

South Carolina sets no fixed day count for car insurance claims. Insurers must acknowledge claim communications 'with reasonable promptness' and settle in good faith (S.C. Code 38-59-20), including third-party liability claims; insureds can seek attorney fees if a claim is unpaid 90 days after demand without reasonable cause.

S.C. Code 38-59-20 and 38-59-40 (Claims Practices), South Carolina Legislature

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a South Carolina crash

Frequently asked questions

What is a typical car accident settlement in South Carolina?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a South Carolina claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in South Carolina.
Is South Carolina an at-fault or no-fault state for car accidents?
South Carolina's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in South Carolina car accident cases?
No general cap for typical car accident injury claims. No cap on noneconomic damages applies to ordinary auto injury claims against private defendants. The Contribution Among Tortfeasors chapter lists noneconomic losses (mental distress, pain, suffering, etc.) but sets no limit (15-38-15). South Carolina's noneconomic damages cap applies only to medical malpractice (reported as S.C. Code 15-32-220, not read in this pass). Claims under the Tort Claims Act are capped at $300,000 per person / $600,000 per occurrence in total damages (15-78-120). The 2025 tort reform act (Act No. 42, H.3430) changed joint and several liability and liquor liability rules but did not add a general damages cap.
What happens if I was partly at fault for an accident in South Carolina?
South Carolina follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in South Carolina?
Generally 3 years for personal injury and 3 years for property damage. S.C. Code 15-3-530(5): 3 years for 'any injury to the person or rights of another, not arising on contract'. 15-3-530(3)-(4): 3 years for damage to real property and for 'injuring any goods or chattels'. 15-3-530(6): 3 years for wrongful death, running from the date of death. Claims against the State or political subdivisions under the Tort Claims Act: suit within 2 years after the loss was or should have been discovered, or within 3 years if a verified claim was first filed (15-78-110). Tort Claims Act damages are capped at $300,000 per person and $600,000 per occurrence, or $1,200,000 for torts by government-employed licensed physicians or dentists (15-78-120(a)).
What is the minimum car insurance in South Carolina?
$25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. S.C. Code 38-77-140(A): $25,000 bodily injury to one person, $50,000 for two or more persons, and $25,000 property damage per accident. The section history cites 2006 Act No. 395, sec. 3.A, effective June 14, 2006 'affecting policies issued or renewed on or after January 1, 2007'. The 2025 tort reform act (Act No. 42) did not amend 38-77-140.
What is the deadline to file a claim against the government in South Carolina?
2 years to sue (optional claim within 1 year). Under the SC Tort Claims Act you must sue the state or local government within 2 years. If you first file a verified claim (within 1 year, with the employing agency or political subdivision), the deadline to sue becomes 3 years.
How long does an insurance company have to respond to a claim in South Carolina?
South Carolina sets no fixed day count for car insurance claims. Insurers must acknowledge claim communications 'with reasonable promptness' and settle in good faith (S.C. Code 38-59-20), including third-party liability claims; insureds can seek attorney fees if a claim is unpaid 90 days after demand without reasonable cause.

Related

Official sources