The Short Answer: The Clock Usually Starts on the Crash Date
For most personal injury claims in South Carolina, you must file a lawsuit within three years.1 That includes many claims for injuries from a car wreck.
The deadline is for filing a lawsuit in court, which is a different step from opening an insurance claim.3 Before you say yes to anything, it helps to understand what a first settlement offer means.
There is one big exception to keep in mind: a crash where a government agency is responsible for the driver. Those claims follow different rules, explained below.4
When Does the Clock Start After a Car Wreck?
For a car accident, the time to file a lawsuit generally runs from the date of the crash.2
The clock does not wait for the insurance company to call back.
That date is easy to lose track of once life gets busy. Write it down. Save your copy of the crash report, your ambulance and emergency room records, and any towing receipts. Those papers all show the date, and they help you keep track of how much time has passed.
Does It Matter If a Government Vehicle Hit Me?
Yes, it matters a lot. Claims against a state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages, depending on the facts of your case.4
Because the timing can be tighter, government claims are worth talking over with a lawyer early. You can read more about crashes with a government vehicle.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What If I Am Still Getting Medical Treatment?
Take the time you need to heal, and keep every appointment.
The clock does not wait for treatment to end.1 A lawyer can explain how your treatment, your bills and the time you have left fit together.
Illustration only. This is not a real case or a result our firm obtained.
Example: Running short on time during insurance talks Keisha is rear-ended at a red light in late spring. An ambulance takes her to the hospital, and she has back surgery that summer.
The other driver's insurer calls in the summer. Keisha sends medical bills as they come in. By winter, she has months of bills and lost pay.
The adjuster makes an offer far below her bills. Keisha says no, and talks slow down. Months pass with a few emails back and forth.
By the time Keisha thinks to check the calendar, much of her time to file is already gone.
Her claim felt active the whole time, but her time to file kept shrinking.
What Can I Do Now to Protect My Options?
If you are still in the hospital or in treatment, a family member can help with these:
- Write down the crash date and what you remember.
- Keep every medical bill, receipt, and appointment note.
- Take photos of your injuries, then your car.
- Save the other driver's name and insurance details.
- Keep a simple log of missed work and daily pain.
None of these steps files a lawsuit. If you have questions about your dates, talk to a lawyer.
When Is It Worth Talking to a Lawyer?
It may help to talk with a lawyer if any of these sound familiar:
- A government vehicle or public agency was involved
- A lot of time has already passed since the crash
- You are still in treatment and unsure what your claim may include
- The insurance company is slow, or its offer feels low
- You are not sure who was at fault
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- Under South Carolina's discovery rule, the limitations period generally begins when a person knew or reasonably should have known, through reasonable diligence, that they had an injury that might give rise to a legal claim. The person ordinarily does not need to know the full extent of the injury or identify every potentially responsible party before the clock begins.2
- 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.3
- 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.4
Frequently Asked Questions
When does the time limit start after a car accident?
For most car accidents, the three-year period begins on the date of the crash. South Carolina's discovery rule can affect when the deadline starts in some circumstances, so the exact date depends on the facts.2
Is the time limit different if a government vehicle hit me?
Yes. Claims against a state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages, depending on the facts of your case.4 It can help to talk with a lawyer early if a government agency may be responsible for the driver.
Can I still file if I have not finished medical treatment?
The clock does not wait for treatment to end.1 Many people are still seeing doctors long after a wreck. A lawyer can explain how ongoing treatment fits with the time you have left.
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.
