Can I Sue Someone for Damaging My Car Even if I’m Not Hurt in a South Carolina Car Accident?
December 15, 2024 – Paul Hammack

Walking away from a car accident without any injuries might feel like a relief, but then reality sets in: your car is heavily damaged, and the repair bills are piling up. You might be wondering, “Can I sue someone for damaging my car?”
The answer is yes. South Carolina law allows you to seek compensation for property damage, even if no one was physically injured. While these claims can seem straightforward at first glance, they often come with their own challenges. Let’s explore how you can protect your rights and recover the money you need to get back on the road.
What Does South Carolina Law Say About Property Damage?
South Carolina law allows you to sue for property damage resulting from someone else’s negligence. Property damage claims typically fall under tort law, which focuses on holding individuals responsible for harm caused by their actions.
If another driver caused the accident, their liability insurance is required to cover the costs of repairing or replacing your vehicle. According to South Carolina’s financial responsibility laws, drivers must carry a minimum of $25,000 in property damage liability coverage. This coverage is designed to pay for damages you suffer as a result of the at-fault driver’s actions.
Steps to Take After the Accident to Strengthen Your Case
When pursuing a property damage claim, the steps you take immediately after the accident can significantly impact the outcome of your case. Here are some key actions to consider:
1. Call the Police
In South Carolina, you are legally required to report an accident if property damage exceeds $1,000. The police report can serve as a crucial piece of evidence, detailing the circumstances of the accident and establishing fault. Be sure to request a copy of the report for your records.
2. Document the Damage
Photographs and videos of your car and the accident scene can serve as valuable evidence. Capture different angles to show the extent of the damage and note any contributing factors, such as skid marks or weather conditions.
3. Collect Information
Exchange contact and insurance details with the other driver. If there are witnesses, gather their names and contact information, as their testimony can support your claim.
4. Obtain an Estimate for Repairs
Visit a reputable auto repair shop to get an estimate for fixing your vehicle. Having a clear and detailed repair cost will strengthen your case when negotiating with the at-fault driver’s insurance company.
Filing a Claim Through the At-Fault Driver’s Insurance
South Carolina is a fault-based state when it comes to car accidents. This means that the at-fault driver’s insurance is responsible for covering property damage. Filing a claim with their insurer is often the first step in seeking compensation.
What to Include in Your Claim
- The Police Report: Helps establish fault and provides a neutral account of the accident.
- Photos and Videos: Visual evidence of the damage and accident scene.
- Repair Estimates: Documents detailing the cost to fix or replace your vehicle.
- Witness Statements: If available, these can corroborate your account of the accident.
After you submit your claim, the insurance company will typically investigate the incident and may either approve, deny, or offer a settlement. If you believe the offer is too low, you have the option to negotiate or take legal action.
When to Consider Filing a Lawsuit
If negotiations with the insurance company break down or the at-fault driver is uninsured, filing a lawsuit might be the next step to recover your losses. Property damage lawsuits in South Carolina fall under small claims court if the amount is $7,500 or less, which is designed for straightforward cases.
However, if the damage exceeds $7,500, your case will proceed in magistrate or circuit court, where the process may involve more complex legal procedures. In such situations, working with a South Carolina personal injury lawyer can provide the guidance and advocacy needed to navigate the court system and pursue the best possible outcome for your case.
Statute of Limitations for Property Damage in South Carolina
You must file your lawsuit within three years of the accident date. This deadline is outlined in S.C. Code Ann. § 15-3-530. Missing this window will likely result in your case being dismissed.
What Happens if Both Drivers Share Fault?
South Carolina follows a modified comparative negligence rule with a 51% bar, which can affect your ability to recover damages. If you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $10,000, you would only recover $8,000. However, if you are more than 50% at fault, you will not be eligible for compensation.
What If the Other Driver Is Uninsured?
If the at-fault driver doesn’t have insurance, you can file a claim through your own uninsured motorist (UM) coverage. South Carolina requires drivers to carry UM coverage equal to the minimum liability limits. This means you may still have a path to compensation, even if the other driver lacks adequate insurance.
How an Attorney Can Assist You
Property damage claims may seem straightforward, but disputes with insurance companies can complicate the process. Having a legal advocate on your side can increase the likelihood of recovering fair compensation. Attorneys experienced in South Carolina car accident cases can help evaluate the evidence, communicate with insurers, and represent you in court if necessary.
Even if you’re not injured in a South Carolina car accident, you have the right to pursue compensation for damage to your vehicle. By understanding your options and acting within the legal timeframe, you can recover the financial losses caused by someone else’s negligence.
If you’re unsure about your next steps or facing challenges with an insurance company, consulting with a car accident attorney in Greenville should be your next step. They can guide you through the process and advocate for your best interests.
Struggling to Recover Full Compensation for Damage to Your Car After a South Carolina Accident?
Dealing with insurance companies that undervalue or deny your claim for car repairs can be frustrating and overwhelming. At Hammack Law Firm, we’re here to stand by your side. Our team can handle negotiations, gather evidence, and fight for fair compensation so you can focus on moving forward.
Acting quickly is important, especially if your claim involves significant damage or a dispute with the at-fault driver’s insurance. With our Greenville law firm, you’ll have strong legal representation without upfront fees—we only get paid if we recover compensation for you.
Don’t let the insurance process hold you back. If you’ve been searching online for “car accident injury attorneys near me,” to handle your property damage claim, contact Hammack Law Firm instead. Call us at (864) 326-3333 or complete our confidential online form to schedule a FREE consultation today.
At Hammack Law Firm, our team is trained and experienced to win! We put the personal back in personal injury car accident claims.
Copyright © 2024. Hammack Law Firm. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Hammack Law Firm
223 W Stone Avenue
Greenville, SC 29609
(864) 326-3333
https://hammacklawfirm.com/