Link Successfully Copied to Clipboard!

How Long Do You Have to File a Car Accident Lawsuit in SC?

In South Carolina, time limits for filing a car accident lawsuit are strict. Missing the deadline could mean giving up your right to seek compensation altogether. Knowing these rules can help you protect your claim.

September 6, 2025

You go to the hospital, deal with repairs, and try to get back on your feet. But weeks later, the medical bills are still coming in, and the insurance company isn’t making things easy. At what point do you need to consider a lawsuit—and how long do you actually have before it’s too late?

In South Carolina, time limits for filing a car accident lawsuit are strict. Missing the deadline could mean giving up your right to seek compensation altogether. Knowing these rules can help you protect your claim.

South Carolina’s Statute of Limitations

Under South Carolina law, you generally have three years from the date of the accident to file a lawsuit. This applies to both injury claims and property damage claims.

Personal injury claims: The three-year clock starts on the date of the crash, whether you suffered whiplash, broken bones, or a more serious condition like a spinal injury.

Property damage claims: The same three-year limit applies if you’re seeking payment for repairs or replacement of your vehicle.

If you don’t file within this period, the court can dismiss your case, no matter how strong your evidence may be.

Key Exceptions That Can Change the Timeline

While three years is the standard, certain circumstances can extend or shorten the deadline:

Cases involving minors: If the injured person was under 18 at the time of the crash, the clock may pause until they turn 18. After that, they typically have three years to file.

Claims against government entities: If your accident involved a city, county, or state vehicle—such as a school bus or police car—the rules are different and a 2-year statute of limitations may apply.

Wrongful death claims: Families pursuing compensation after a fatal crash usually have three years from the date of death, which may be different from the date of the accident.

These exceptions make it important to get legal advice quickly, so you don’t miss an earlier deadline.

Why You Shouldn’t Wait to Take Action After a Car Wreck

Even if you technically have years to file, waiting can weaken your case. Evidence at the crash scene fades. Surveillance footage may be deleted. Witnesses move or forget details. The sooner you act, the stronger your case can be.

Insurance companies also pay attention to timing. If you wait too long, they may assume you’re not serious about your claim or try to argue that something else caused your injuries. Acting quickly keeps you in control.

How a Spartanburg Car Accident Lawyer Can Help

Filing a lawsuit isn’t just about meeting deadlines—it’s about building the strongest case possible. A car accident lawyer in Spartanburg can help by:

  • Reviewing your case to confirm which deadlines apply
  • Gathering medical records, police reports, and witness statements
  • Dealing directly with the insurance company so you don’t have to
  • Calculating damages for medical bills, lost wages, and long-term care
  • Taking your case to court if a fair settlement isn’t offered

With legal guidance, you don’t have to worry about missing deadlines or losing valuable evidence.

Contact a Spartanburg, SC Car Accident Lawyer Today

If you’ve been in a car accident in Spartanburg or anywhere in South Carolina, don’t wait until the clock is about to run out. Protect your rights now by speaking with an experienced attorney. The Law Office of Tyler Rody is here to explain your options, handle the details, and fight for the compensation you deserve.

Call today for a free consultation and take the first step toward securing your future.

Tyler Rody

Tyler Rody

Author

Related Articles

Further Reading

Injured? We Can Help.

Use the form on our website to contact a member of our office and schedule your free consultation today.