Car accident FAQ for Greenville, SC

Generally three years for personal injury (S.C. Code § 15-3-530(5)) and three years from the date of death for wrongful death (§ 15-3-530(6)). Claims against a government entity usually must be filed within two years (§ 15-78-110). Exceptions exist, so confirm your deadline with a lawyer. See deadlines and courts.

No. The S.C. Department of Insurance explains that South Carolina uses a tort system, so the at-fault driver's liability insurance is usually the first source of payment.

It can. For someone under 18 when the claim arose, the time of minority generally isn't counted, but the statute limits how far that can extend a deadline (S.C. Code § 15-3-40). Have a lawyer calculate the date rather than assuming the claim can wait.

A wrongful death action is brought by the executor or administrator for the spouse and children, or if none, the parents, or if none, the heirs (S.C. Code § 15-51-20). Only a duly appointed personal representative can settle it, and a settlement made before suit needs court approval (§ 15-51-42).

The S.C. Tort Claims Act applies. An optional verified claim must be received within one year of when the loss was or should have been discovered (§ 15-78-80). The lawsuit deadline is generally two years, or three if a verified claim was filed first (§ 15-78-110), and recovery is capped (§ 15-78-120).

Magistrates have civil jurisdiction over claims for injury to the person or property of $7,500 or less (S.C. Code § 22-3-10). Larger cases go to circuit court, which for Greenville County sits at the courthouse on E. North Street (Clerk of Court).

$25,000 for bodily injury to one person, $50,000 per accident, and $25,000 for property damage (S.C. Code § 38-77-140), plus uninsured motorist coverage at no less than those limits (§ 38-77-150). See uninsured and underinsured drivers.

Your own uninsured motorist coverage, which every South Carolina auto policy must include, may apply (S.C. Code § 38-77-150). If you sue the uninsured driver, the statute requires serving your insurer too.

If you bought underinsured motorist coverage, it may pay damages above the at-fault driver's liability limits. Insurers must offer it up to your liability limits (S.C. Code § 38-77-160).

To use uninsured motorist coverage for an unknown driver, you must report the crash to police within a reasonable time. You also need one of three things: physical contact with the unknown vehicle, a witness other than your own driver who signs an affidavit, or a recording of the crash. And you must not have been negligent in failing to identify the other driver (S.C. Code § 38-77-170). See hit-and-run crashes.

It depends on the app phase. On a trip, at least $1,000,000 primary liability applies; while the driver is logged in and waiting, at least $50,000/$100,000/$50,000 applies (S.C. Code § 58-23-1630). See Uber and Lyft crashes.

For-hire interstate carriers of non-hazardous property must carry at least $750,000 in public liability coverage, and more for oil and hazardous materials (49 CFR 387.9). See truck crashes.

South Carolina law lists improper claim practices, such as failing to acknowledge claim communications with reasonable promptness (S.C. Code § 38-59-20). The Department of Insurance's Office of Consumer Services accepts complaints.

If anyone is injured or killed, yes, by the quickest means: city police inside city limits; otherwise the county sheriff or the nearest Highway Patrol office (S.C. Code § 56-5-1260).

It's the insurance-verification form an officer gives drivers after a crash with $400 or more in property damage, or any injury or death. Return it to SCDMV within 15 days of receiving it, or the vehicle is presumed uninsured (S.C. Code § 56-9-350).

If anyone was hurt or killed, or damage was apparently $1,000 or more, the driver or owner must send a written report with insurance verification to SCDMV within 15 days (S.C. Code § 56-5-1270). SCDPS calls this the FR-309 (SCDPS FAQ).

For Greenville Police reports, use Greenville County Public Records ($3.00 for involved parties). Any South Carolina crash report, including Highway Patrol reports, is available from SCDMV for $10. See the report guide.

Requesting crash reports for commercial solicitation is prohibited, and people not named in a report must submit a written request stating its intended use (S.C. Code § 56-5-1275). This site does not use crash reports to contact anyone.

HIPAA gives you a right to copies of your own records. Providers generally must act on a request within 30 days, with one possible 30-day extension (45 CFR 164.524).

A contingent-fee agreement must be in writing and signed by the client. It must state how the fee is determined, including the percentage at settlement, trial or appeal, and how expenses are handled (S.C. Rule of Professional Conduct 1.5(c)).

Use the S.C. Judicial Branch's attorney information search. Questions worth asking any lawyer are on the home page.

No. This is a free informational guide. It is not a law firm, is not affiliated with any lawyer or law firm, is not a lawyer referral service, and does not give legal advice. Reading it creates no attorney-client relationship. See the disclaimer.