Swift action is crucial to protect your right to compensation after a South Carolina car accident. That’s because state law says you only have three years from the crash date to file a lawsuit in most circumstances. Missing this deadline could mean losing your right to compensation.
The South Carolina car accident lawyers at McKinney, Tucker & Lemel, LLC can manage your case for you and help avoid any deadline issues with your claim.
When Does the Filing Window Start After a Car Accident?
The filing window for a car accident claim in South Carolina opens on the day of the crash. This date is crucial because it marks the beginning of the time you have to take legal action. Certain situations may extend or decrease this timeline. Still, if you’re involved in a car wreck, it’s essential to remember the specific day it happened.
Can You Still File After the Deadline Passes?
Unless you meet one of a handful of exceptions, missing the deadline to file a lawsuit means the courts will most likely dismiss your case. You can file an insurance claim after the deadline to file a car accident lawsuit passes. However, the insurance company is likely under no obligation to pay you, as you no longer have grounds to sue their policyholder.
Without the threat of a lawsuit, you have no leverage over the insurance company. They might still offer you an out-of-court settlement. But if they make a lowball offer or deny your claim entirely, you have no method to force them back to the negotiating table.
Are There Any Exceptions That Would Shorten the Deadline?
The main exception to the three-year deadline for car accident lawsuits in South Carolina is if you wish to sue a state government agency. The South Carolina Tort Claims Act says you must file any claim against a state government agency within two years of the date of your loss. In the case of a car accident, the date of your loss is the day the crash occurred.
However, there’s still some flexibility under the South Carolina Tort Claims Act. The law says you must file a lawsuit within two years of when you discovered or should reasonably have discovered your loss. So, if you didn’t discover your injuries right away, you might have a little extra time to file a lawsuit. Still, your best bet is to talk to a lawyer as soon as possible. A car accident attorney can determine the legal deadlines that apply to your situation and help you act within the appropriate time frame.
Can the Deadline Be Extended?
There are rare situations where extending the deadline to file a car accident lawsuit in South Carolina is possible. This extension usually happens under specific circumstances. Here are some situations where you might have more time to file a lawsuit:
- Delayed discovery of injuries – Sometimes, injuries from a car accident aren’t immediately apparent. If you discover an injury afterward that is directly related to the crash, you might have a longer filing window. This situation ensures victims can still seek compensation even if they weren’t aware of the injury right away.
- Minors – If a minor is involved in an accident, they have one year to file a lawsuit after turning 18. This rule gives young victims extra time to seek justice once they are legally considered adults.
- Legal insanity – If the person injured is declared “insane” at the time of the crash, the deadline can be extended. The clock starts ticking one year after they are declared sane, with a limit of five years after the date of injury.
- Defendant out of state – If the person responsible for the collision leaves South Carolina after the accident but before a lawsuit can be filed, the time they are out of state doesn’t count towards the three-year limit. This pause ensures the injured party isn’t unfairly disadvantaged.
- Fraud or misrepresentation – The filing deadline may also be extended if the at-fault party or their insurance company hides information or misleads the victim about their rights. The clock starts when the fraud is discovered, allowing the victim to file a claim despite the delay.
What Is the Purpose of the Statute of Limitations?
The statute of limitations for car accident lawsuits aims to ensure that victims file claims within a reasonable time frame. The time limit helps to preserve the integrity of evidence, such as witness memories and physical proof, which can degrade over time. It also provides both parties a sense of legal certainty, preventing the threat of a lawsuit from lingering indefinitely.
How Long Do You Have to File a Report for the Car Accident?
South Carolina law requires that you remain at the scene of any traffic accident you’re involved in that results in injury or death. You can temporarily leave to report the collision to authorities but must return and stay at the scene. You should report the accident to the local police, county sheriff, or the South Carolina Highway Patrol as quickly as possible. You must also help the injured party get medical aid as necessary.
If you’re involved in an accident resulting in injury, death, or property damage over $1,000 but law enforcement did not investigate, you must file a written report with the Department of Motor Vehicles (DMV) within 15 days. This report should include proof of your liability insurance.
Contact a South Carolina Car Accident Lawyer
The best step you can take to avoid any deadline issues with a car accident case is to talk to an experienced attorney as soon as possible. Call McKinney, Tucker & Lemel, LLC today or complete our contact form for a consultation.
