The Short Answer: Different Rules, so Act Early
Being hit by a city bus, a police car or a county truck is not the same as a crash with a private driver. You may have a claim, but different rules and limits apply.
If a South Carolina government vehicle causes a crash, you may have a claim under the South Carolina Tort Claims Act.1
That is the main reason these cases call for early action. The deadline is for a lawsuit in court, and an insurance claim does not stop it.2 You can read more about time limits for car accident claims.
What Counts as a Government Vehicle?
It can be any vehicle driven for a city, county or state agency. Who the driver was working for is not always obvious.
This matters because claims against a state or local government agency follow their own rules on deadlines and possible damage caps.1 A lawyer can explain how this works for you.
What Should I Write Down After the Crash?
You or a family member should try to note:
- The name of the agency or company shown on the vehicle
- Any vehicle number, bus number or route number
- The driver's name and any badge or employee number
- The time, the street and the direction each vehicle was going
- Names and phone numbers of witnesses or other passengers
- Photos of your injuries, the vehicles and the road
Keep copies of the police report, your medical records, and any letters from an agency or insurer. Write down what you remember while it is still fresh. Follow your doctors' treatment plans, and keep every bill and record.
For questions about bills, see who pays medical bills after a crash.
Illustration only. This is not a real case or a result our firm obtained.
Example: A crash with a county work truck Teresa is stopped at a light when a county maintenance truck rear-ends her car. She is taken to the emergency room with a neck injury that later needs surgery, and she is out of work for months.
A friend tells her how long she has to file, based on his own wreck with a private driver. But the truck belonged to a county agency, so her friend's experience may not fit her situation.
Learning early that the driver was working for the county gives her time to gather records and decide on next steps.
When Is It Worth Talking to a Lawyer?
It may help to talk with a lawyer if any of these sound familiar:
- You are not sure who the driver was working for
- You were hurt and still need treatment
- Someone says you were partly to blame
- More than one vehicle or company was involved
- An agency or insurer is asking you to sign something
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.1
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.2
- Most personal injury claims in South Carolina must be filed within three years.3
Frequently Asked Questions
Is the time limit the same as a regular car accident claim?
How much could I recover from a government agency?
That depends on your injuries, your losses and who was responsible. No web page can put a number on it. A lawyer can only give you a real answer after going through your case with you.
What if I was a passenger on a public bus that crashed?
If a government agency is responsible for the bus driver, the agency claim rules may apply to you too.1
Sources
This page is general information about South Carolina law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.
Attorney responsible for this page: Sean Hall, Sean Hall Law Firm, LLC. Office: 677 King Street, 3rd Floor, Charleston, SC 29403.
