How Long Do You Have to File a Car Accident Claim in South Carolina?

How Long Do You Have to File a Car Accident Claim in South Carolina?

After a car accident, you may be entitled to recover compensation for your medical bills, lost wages, and pain & suffering. You will need to file a claim for these damages, and South Carolina law only gives you three years to file that claim. Missing the deadline could cause you to lose all your rights to a financial recovery. 

When Does My Time to File a Claim Start?

The filing window for personal injury claims, including car accidents, truck accidents, slip and fall accidents, and more, begins on the date the cause of action accrues. In plain terms, this almost always means that your timeframe starts on the day of your accident.

This is why it is extremely important to remember the specific date of your crash. This will help you determine the specific filing deadline for your case. There are a few special circumstances that may shorten or extend the deadline. However, those instances are somewhat rare.

Can I File a Claim After the Deadline Passes?

In most cases, missing the filing deadline means that you lose your right to recover compensation. Once the statute of limitations expires, you cannot file a lawsuit. Attempting to file one after the deadline has passed will likely result in dismissal by the court.

Once the deadline for filing a lawsuit runs out, you do not have any leverage against the insurance company. Without the threat of a lawsuit, they are not likely to pay you what your claim is worth.

Why Is There a Time Limit For Filing Claims?

All states have time limits for bringing a personal injury lawsuit. This is done in an effort to help protect the validity of these lawsuits and to prevent a potential defendant from having a lawsuit hanging over their head for years down the road. Claims should be filed while evidence is still fresh and witnesses can still accurately remember what happened during the accident.

Are There Any Exceptions to the Filing Deadline?

Yes, there are some special cases in which the filing deadline may be shorter or longer than the general rule. For instance, the deadline may be shortened to two years if you need to sue a government entity in South Carolina. Additionally, there are a few exceptions that may extend the filing deadline, including:

  • Minor Victim: If the victim was under 18 at the time of the accident, the deadline may be extended beyond the 3-year deadline. The law gives them one year from turning 18 to file a suit for their damages. 
  • Injuries Not Immediately Apparent: Some injuries may not be immediately apparent right after an accident. If your injuries or damages are discovered some time later, then you have three years from the time your injuries were discovered or should have reasonably been discovered.
  • Out-of-State Defendant: Some defendants may try to skip town until the deadline passes to avoid being served with a lawsuit. However, the law pauses the clock while the defendant is out of the state.
  • Legally Insane Victim: If the victim has been declared legally insane at the time of the accident, they may have some extra time to file a lawsuit. The clock begins one year after they are declared sane, but they still have no more than five years after the accident to file.
  • Fraud: In rare cases, if the insurance company or defendant intentionally hides or misrepresents facts to avoid a lawsuit, the statute of limitations may be extended. However, this extension applies only if the fraud is discovered during the extended time period, and it will not apply if the fraud is discovered after the deadline.

While there are a few exceptions to the deadline, the rules about these exceptions can be confusing. The best thing to do is to seek the help of an experienced personal injury lawyer who can help you determine the filing deadline for your case. This can ensure that you do not miss the deadline and lose your right to recover compensation.

Contact The South Carolina Car Accident Lawyers At Elrod Pope Accident & Injury Attorneys For Help Today

For more information, please contact our car accident lawyers in South Carolina and North Carolina at Elrod Pope Accident & Injury Attorneys to schedule a free consultation today.

We proudly serve York County, Lancaster County, and its surrounding areas in South Carolina:

Elrod Pope Accident & Injury Attorneys Rock Hill
212 E Black St, Rock Hill, SC 29730
(803) 324-7574
Open 24hrs

Elrod Pope Accident & Injury Attorneys Lancaster
204 A S Main St, Lancaster, SC 29720
(803) 902-7065
Open 24hrs

Elrod Pope Accident & Injury Attorneys Fort Mill
1201 Carolina Pl Suite 102D, Fort Mill, SC 29708
(803) 902-4045
Open 24hrs

Elrod Pope Accident & Injury Attorneys Lake Wylie
264 Latitude Ln #102A, Lake Wylie, SC 29710
(803) 902-3608
Open 24hrs

We also proudly serve Mecklenburg County and its surrounding areas in North Carolina:

Elrod Pope Accident & Injury Attorneys Charlotte
1100 S Mint St #109, Charlotte, NC 28203
(980) 340-8620
Open 24hrs