After a car accident, your focus is usually on healing, managing expenses, and getting your life back on track. But what happens if too much time passes before you file a lawsuit? Many people wonder if they can still take legal actions after the statute of limitations runs out. In Charleston, South Carolina, there are strict time limits on when you can sue, and missing them could cost you the right to compensation.
What Is the Statute of Limitations in South Carolina for Auto Accidents?
The statute of limitations is the time period you have to file a lawsuit in court after an event like a car accident. In South Carolina, the law generally gives:
- Three (3) years from the date of the auto accident to file a lawsuit for personal injuries.
- Three (3) years from the date of the auto accident to file a lawsuit for property damage.
This time limit is established under South Carolina law (South Carolina Code § 15-3-530).
Failing to file within this period typically means the court will dismiss your case, and you will lose the opportunity to recover damages , no matter how strong your personal injury claim may be.
Can You File a Lawsuit After the Statute of Limitations Has Expired?
In most cases, no , once the statute of limitations has passed, the legal window to file a personal injury lawsuit closes. The court is unlikely to hear your injury case if it’s filed even one day late.
However, there are a few narrow exceptions where the statute of limitations may be paused or extended, depending on specific circumstances.
Exceptions That May Extend the Filing Deadline
1. The Discovery Rule
If your personal injuries were not immediately apparent after the auto accident, you may be able to argue that the statute of limitations should begin when you discovered (or reasonably should have discovered) your injuries. This is called the discovery rule.
2. Legal Incapacity
If the injured person was under the age of 18 or mentally incapacitated at the time of the car accident, the statute of limitations may be paused until the individual turns 18 or regains legal capacity.
3. Defendant Leaves the State
If the at-fault party leaves South Carolina after the traffic collision and before you file a lawsuit, their absence may toll (pause) the statute of limitations under certain conditions.
Why the Statute of Limitations Matters
Failing to file your lawsuit on time can result in:
- Loss of the right to recover medical expenses, pain and suffering, and other damages
- Rejection of your insurance claims if insurers know you’re legally barred from suing
- Inability to hold the at-fault driver accountable in a civil lawsuit
Even with strong evidence, the law is strict about timing.
What If You Missed the Deadline?
If you believe the statute of limitations has passed, speak to a personal injury attorney immediately. You may still be able to act if:
- You qualify under an exception (e.g., discovery rule)
- The accident date is unclear or disputed
- The at-fault party was unknown
How to Protect Your Right to Sue After an Auto Accident
- Act quickly after auto accidents
- Keep records: accident report, medical records, bills, and photos
- Know deadlines under South Carolina law
- Seek help from a car accident lawyer
- Don’t rely on the insurance adjuster to protect your rights
Lawsuits vs. Insurance Claims
Filing an insurance claim is not the same as filing a personal injury lawsuit. Don’t delay legal action by spending too much time in claim negotiations.
What Damages Can You Recover?
Filing within the deadline may entitle you to:
- Medical bills and medical treatment
- Lost wages
- Pain and suffering
- Property damage
- Wrongful death claims (in fatal car accidents)
Should You Handle the Case on Your Own?
A personal injury lawyer can help you:
- Understand car accident laws and your legal options
- File your case under the correct South Carolina Car Accident Laws
- Determine if comparative negligence applies
- Assess your insurance policy for coverage
The Bottom Line
South Carolina’s statute of limitations for auto accidents is typically three years. Missing that deadline means you may lose the right to pursue a personal injury claim. If you’re nearing the deadline or are unsure when it started, consult a legal team right away.
Need Help After a Car Accident in Charleston, SC? Contact Ted Law Firm
If you’ve been injured in a traffic collision, don’t risk your right to compensation by waiting too long. At Ted Law Firm, we can review your collision report, determine if the statute of limitations still allows for a case, and help you pursue justice. Contact Ted Law Firm today for a free consultation. We’ll answer your questions, assess your legal actions, and help you move forward with confidence.
About Ted Law Firm
Ted Law Firm represents injury victims across South Carolina, including Charleston, Columbia, Myrtle Beach, and beyond. If you’ve been harmed due to someone else’s actions whether in motor vehicle crashes, medical malpractice, or other incidents we’re ready to fight for your rights. Our experienced attorneys fight for your rights securing damages for medical bills, emotional distress, and more. Serving Aiken, Anderson, Myrtle Beach, North Augusta, Orangeburg, Charleston, Columbia, Greenville, and Summerville. Contact Ted Law Firm today for a free consultation. We’re here to help you get the justice you deserve.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
