One moment, everything is fine. Next, you’re dealing with medical bills, car repairs, and insurance companies who may not have your best interests at heart. In the middle of all this, you might not be thinking about legal deadlines—but missing them could cost you the compensation you deserve.

In South Carolina, you only have a limited amount of time to file a lawsuit after a car accident. If you don’t act within this window, you may lose your right to seek damages entirely. Understanding these deadlines and how they apply to your case is crucial.

At the Law Office of Tyler Rody, we help Spartanburg car accident victims take the right steps before it’s too late. Here’s what you need to know.

What is the Statute of Limitations for Car Accidents in South Carolina?

The statute of limitations is the legal deadline for filing a lawsuit after an accident. In South Carolina, the law states that:

• You have three years from the date of the accident to file a personal injury lawsuit against the at-fault driver.
• If the accident caused a wrongful death, the victim’s family also has three years to file a claim.
• If you are filing for property damage (vehicle repair or replacement), you also have three years.

What Happens If You Miss the Deadline?

Failing to file within the statute of limitations almost always means losing your right to seek compensation. That means:

• No payment for medical bills or future care.
• No recovery for lost wages or reduced earning ability.
• No compensation for pain, suffering, or emotional distress.

There are few exceptions, so waiting too long to act can put your entire case at risk.

Exceptions to the Three-Year Rule

While three years is the general rule, some cases allow for extra time under specific circumstances:

• Minors (Under 18) – If the injured person is under 18 at the time of the accident, the clock does not start until their 18th birthday. They have one year after turning 18 to file a lawsuit.
• Mental Incapacity – If the victim is mentally incapacitated (such as being in a coma), the statute of limitations may be extended until they regain legal capacity.
• Hit-and-Run Cases – If the at-fault driver leaves the state or cannot be located, the deadline may be paused (also called “tolled”) until they are found.
• Claims Against the Government – If you are filing a claim against a government entity (such as a city or county vehicle), you only have two years to file instead of three.

Every case is different. A Spartanburg car accident attorney can review your situation and determine if any exceptions apply to your claim.

How to Protect Your Case Before the Deadline

Even if you have time before the statute of limitations expires, waiting to file a claim can weaken your case. Here’s what you should do to stay ahead:

1. Seek Medical Attention Immediately: Insurance companies will question any delay in medical treatment. Even if you feel fine, injuries like whiplash or internal damage can take days or weeks to show up. See a doctor as soon as possible to protect both your health and your claim.

2. Gather Evidence Early: The longer you wait, the harder it is to collect critical evidence like surveillance footage, accident reports, and witness statements. Over time, physical evidence disappears, and memories fade. A strong case starts with strong evidence.

3. Don’t Rely on Insurance Companies: Insurance adjusters are not on your side— they think their job is to settle for as little as possible. They may try to delay your claim until it’s too late to sue. Speak with an attorney before accepting any settlement offer.

4. Talk to an Attorney ASAP: The sooner you consult with a Spartanburg car accident lawyer, the stronger your case will be. A lawyer can:

• Handle negotiations with insurance companies
• Ensure all legal deadlines are met
• Help you understand the full value of your case
• Take your case to court if needed

Take Action Now—Your Future Depends on It

If you’ve been in a car accident in Spartanburg, don’t wait until it’s too late. The sooner you act, the better your chances of recovering the compensation you deserve.

At the Law Office of Tyler Rody, we’ll walk you through the legal process, handle insurance negotiations, and fight for your best outcome.

‍Contact us today for a free consultation. Let’s protect your rights and get you the justice you deserve.