Statutes read on the official South Carolina Legislature website on November 9, 2026. This is general information, not legal advice, and it cannot tell you the deadline in your case. Only a South Carolina attorney can confirm the date that applies to you.
The main South Carolina deadlines at a glance
| Situation | Usual time limit | Where it comes from | Why you might ask an attorney |
|---|---|---|---|
| Injury to a person (car, truck, motorcycle, pedestrian or bicycle crash) | Within three years, counted from when the person knew or reasonably should have known of the cause of action | S.C. Code Ann. §§ 15-3-530(5) and 15-3-535 | Which date counts, and whether an exception applies |
| Damage to your vehicle or other goods | Within three years | § 15-3-530(4) ("injuring any goods or chattels") [1] | Whether your claim is treated as injury or property damage |
| Wrongful death | Within three years, beginning on the death | §§ 15-51-10 to 15-51-60 and § 15-3-530(6) | Who may bring the claim (see below) |
| Crash involving a state agency or local government employee | Two years after the loss was or should have been discovered; three years if a verified claim was filed first | Tort Claims Act, § 15-78-110 | A separate claim-filing rule (§ 15-78-80) and other limits apply |
| Injured person was under 18 or legally incapacitated (the statute says "insane") when the claim arose | The time of the disability is not counted, within limits | § 15-3-40 | The caps on how long the pause can last |
| Your own insurance company (uninsured or underinsured motorist claim) | Set by your policy and by contract law, so there is no single rule | Your policy | Policies can require quick notice |
The text of the statute
South Carolina's general three-year list is in S.C. Code Ann. § 15-3-530. These are the two items most car-crash claims touch, quoted from the official Code:
Within three years: [1]
(4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property; [1]
(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; [1]
(6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought; [1]
And § 15-3-535 says when the clock starts for item (5):
Except as to actions initiated under Section 15-3-545, all actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action [1].
The statute does not say which date that is for a crash, and courts decide it case by case. Ask an attorney which date counts for you.
What "commenced" means
Under § 15-3-20(B), "A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing." [1] In other words, filing is not the only step: the papers also have to be served within 120 days.
Counting the days
| Crash date | |
| Same date, three years later | |
| Date I spoke with an attorney |
Treat any count as a reminder, not a calculation.
Claims involving a government vehicle or employee
South Carolina's Tort Claims Act, S.C. Code Ann. § 15-78-110, says an action under that chapter "is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered." [3]
The Act also has a claim-filing section, § 15-78-80. It says a verified claim "may be filed" with the right agency or political subdivision, that "If filed, the claim must be received within one year after the loss was or should have been discovered," [3] and that the government has 180 days to allow or disallow it, with silence counted as a disallowance. Which entity to file with, whether to file at all, and how the two-year and three-year periods interact are questions for an attorney. If a city, county or state vehicle or employee may have been involved, get advice early.
Special situations
- Minors and people who are "insane" when the claim arises. Section 15-3-40 says that if the person entitled to bring an action is "within the age of eighteen years" [1] or "insane" when the claim accrued, "the time of the disability is not a part of the time limited for the commencement of the action." [1] The pause has limits: it cannot extend the period "more than five years by any such disability, except infancy," [1] nor "in any case longer than one year after the disability ceases." [1] Section 15-3-50 adds that a person cannot use a disability unless "it existed when his right of action accrued." [1] A parent's own claim for a child's expenses is separate from the child's claim; ask an attorney.
- The other driver was out of the state. Section 15-3-30 addresses defendants who are out of state when the claim accrues, or who leave and stay away for a year or more. How it applies is fact-specific.
- Wrongful death. An action for death by wrongful act is brought under §§ 15-51-10 to 15-51-60. Under § 15-51-20 it is "for the benefit of" [2] the spouse and children, then the parents, then the heirs, and "shall be brought by or in the name of the executor or administrator" [2] of the person who died. Under § 15-51-41, any settlement of a wrongful death or survival action must be approved by a court as provided in § 15-51-42. We are sorry for the loss that brings a family to this section. Only a licensed South Carolina attorney can confirm the date that applies to a particular death.
- Property damage. Section 15-3-530(4) gives three years for "injuring any goods or chattels," [1] which is the category a damaged vehicle usually falls into. A claim with your own insurer also has policy deadlines.
What only an attorney can tell you
We cannot tell you whether your claim is still timely, whether an exception applies, or when your clock started. Those depend on facts and on the current law. Only a licensed South Carolina attorney can confirm the date that applies to you.
Sources
- S.C. Code of Laws, Title 15, Chapter 3 (§§ 15-3-20, 15-3-30, 15-3-40, 15-3-50, 15-3-530, 15-3-535), South Carolina Legislature (checked November 9, 2026)Official source“injuring any goods or chattels”“Within three years”“an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property”“an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545”“an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought”“Except as to actions initiated under Section 15-3-545, all actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action”“A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing”“within the age of eighteen years”“the time of the disability is not a part of the time limited for the commencement of the action”“more than five years by any such disability, except infancy”“in any case longer than one year after the disability ceases”“it existed when his right of action accrued”“an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law”“must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action”
- S.C. Code of Laws, Title 15, Chapter 51 (§§ 15-51-10, 15-51-20, 15-51-41), South Carolina Legislature (checked November 9, 2026)Official source“for the benefit of”“shall be brought by or in the name of the executor or administrator”
- S.C. Code of Laws, Title 15, Chapter 78 (§§ 15-78-80, 15-78-110), South Carolina Legislature (checked November 9, 2026)Official source“is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered”“If filed, the claim must be received within one year after the loss was or should have been discovered”“is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered”“the claim must be received within one year after the loss was or should have been discovered”
Page last updated November 9, 2026. Attorney review pending. General information, not legal advice. Fees, hours and rules change; confirm on the official page. How we source.
Questions
What is the statute of limitations for a car accident in South Carolina?
Generally three years for an injury to a person. Section 15-3-530(5) covers "an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law," [1] and § 15-3-535 says such actions "must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action." [1] Damage to goods is also three years (§ 15-3-530(4)). Which date counts for your crash is a question for an attorney.
How long do I have to sue for wrongful death in South Carolina?
Three years, and the period begins on the death: § 15-3-530(6) covers "an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought." [1]
What if a city, county or state vehicle was involved?
The Tort Claims Act has its own rule in § 15-78-110: an action "is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered," [3] or three years if the claimant first filed a claim under that chapter. There is also a claim-filing section, § 15-78-80: if a verified claim is filed, "the claim must be received within one year after the loss was or should have been discovered." [3] The two rules work differently, and only a licensed South Carolina attorney can confirm which date applies to a claim against a public body.
Is the deadline different for children?
Section 15-3-40 says that if the person entitled to bring an action is "within the age of eighteen years" [1] or "insane" when the claim accrued, "the time of the disability is not a part of the time limited for the commencement of the action," [1] with limits (no more than five years by any disability except infancy, and no longer than one year after the disability ceases). Ask an attorney how it applies.
Does filing the lawsuit start and stop the clock?
Under § 15-3-20(B), "A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing." [1]
Can I look the statute up myself?
Yes. The South Carolina Code of Laws is free on the South Carolina Legislature's website; the links are in the Sources box on this page.
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