[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"In South Carolina, injury victims are given three years from the date of an auto accident to file a claim seeking compensation from the at-fault party.\u00a0","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"First, the filing deadline spares defendants from living under the constant threat of a lawsuit. Second, it keeps court dockets from filling up with years-old cases. Third, it avoids forcing judges and juries to make difficult legal decisions using evidence that has become stale with the passage of time.","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"If you file your claim after the deadline passes, the defendant will move for a motion to dismiss. Subject to very few exceptions, the presiding judge will be forced to grant the motion.","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"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\u2019re involved in a car wreck, it\u2019s essential to remember the specific day it happened.","name":"Answer Question3","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question4","text":"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.","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question5","text":"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\u2019s 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\u2019t 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.","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer5"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"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\u2019re 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.","name":"Answer Question6","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer6"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What Is the Purpose of the Statute of Limitations?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer1"},"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Question1"},{"@type":"Question","name":"When Does the Filing Window Start After a Car Accident?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer3"},"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Question3"},{"@type":"Question","name":"Can You Still File After the Deadline Passes?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer4"},"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Question4"},{"@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer5"},"name":"Are There Any Exceptions That Would Shorten the Deadline?","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Question5"}],"name":"How Long Do You Have to File a Car Accident Claim in South Carolina?","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#FAQPage"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer"},"name":"What Is the Filing Deadline for a Car Accident Lawsuit in South Carolina?","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Question"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer2"},"name":"What Happens If You Miss the Filing Deadline Governing Your Car Accident Claim?","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Question2"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":["Answer Question6",{"@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Answer6"}],"name":"How Long Do You Have to File a Report for the Car Accident?","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#Question6"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Long Do You Have to File a Car Accident Claim in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/how-long-to-file-car-accident-claim\/#breadcrumbitem"}]}]