Charleston Car Accident Lawyer
If you’ve been hurt in a car accident in South Carolina, you have three years to file a personal injury claim under SC Code §15-3-530. During that window, the insurance company is already working to minimize what it pays you. An attorney investigates the crash, documents your full damages, and handles every communication with the insurer — so you can focus on recovering, not paperwork.
Every type of car accident case in South Carolina.
Car accidents range from rear-end fender-benders to catastrophic multi-vehicle crashes. We represent clients across Charleston and South Carolina in all of the following.
- Rear-end collisions
- T-bone & side-impact crashes
- Head-on collisions
- Sideswipe accidents
- Rollover accidents
- Hit-and-run accidents
- Drunk driving accidents
- Uber, Lyft, and rideshare accidents
- Distracted driving crashes
- Blind spot accidents
- Multi-vehicle pileups
- Single-vehicle accidents caused by road defects or vehicle defects
If a commercial truck was involved, see our truck accident page — those cases carry distinct liability rules and insurance structures.
What you need to know before you file.
South Carolina law determines who can recover, how much, and for how long. These rules shape every car accident claim in the state.
Statute of Limitations SC Code §15-3-530
You have three years from the date of the accident to file a personal injury lawsuit. Miss that deadline and you permanently lose your right to recover, regardless of how strong the case is.
Narrow exceptions exist. Claims against government entities may have shorter deadlines, including a two-year statute of limitations under South Carolina law. Do not wait.
Modified Comparative Fault SC Code §15-38-15
South Carolina follows modified comparative fault. If you share some responsibility for the accident, you can still recover — as long as your fault does not exceed 50%. Your award is reduced by your percentage of fault.
Example: if you’re found 20% at fault and your total damages are $100,000, you recover $80,000. If you’re found 51% or more at fault, you recover nothing.
Insurance adjusters know this rule well and will work to assign you as much blame as possible. An attorney pushes back on that narrative with evidence.
SC Minimum Insurance Requirements
Every driver in South Carolina is required to carry: $25,000 per person / $50,000 per accident in bodily injury liability; $25,000 in property damage; and uninsured/underinsured motorist (UM/UIM) coverage at those same minimums.
UM/UIM coverage matters significantly in South Carolina. If the at-fault driver carries only minimum coverage — or none at all — your own UM/UIM policy fills the gap. We review every available insurance policy on both sides to make sure nothing is left on the table.
Who Can Be Held Liable
The at-fault driver is the obvious starting point, but rarely the only one. Depending on the circumstances, we may also pursue the driver’s employer if they were driving for work; a vehicle owner who entrusted a car to an unfit driver; a bar or restaurant that served an obviously intoxicated driver; a vehicle or parts manufacturer if a defective brake, tire, or safety system contributed to the crash; or SCDOT or a municipality if a road defect or inadequate signage was a factor.
According to the South Carolina Department of Public Safety, there is a car collision in South Carolina every 3.5 minutes, and at least one person dies in a traffic accident every 8 hours. The NHTSA estimates that 94% of crashes nationwide involve driver error.
From first call to resolution — no surprises.
Most people have never been through a personal injury case. Here is exactly what happens, in order.
Free consultation
You tell us what happened. We review the facts, assess liability, and give you an honest read on your case — including whether it makes sense to pursue a claim. No charge, no obligation.
Investigation
We gather everything relevant: police report, scene photographs, dashcam or surveillance footage, witness statements, and medical records.
Medical documentation
Your treatment record is the foundation of your claim. We work with your providers to ensure your injuries are fully documented — including projected future treatment costs.
Demand letter
Once your treatment is complete or your long-term needs are established, we send a detailed demand to the insurance company for the at-fault party.
Negotiation
Insurance companies make lowball initial offers. We negotiate. The majority of cases resolve at this stage.
Litigation, if necessary
If the insurer won’t offer fair value, we file suit. Joe Cunningham is a trial attorney — the willingness to take a case to a jury is not a bluff.
Resolution
You receive your settlement or verdict. Our fee comes from the recovery — you owe nothing out of pocket if we don’t win.
Economic damages
- Past and future medical expenses
- Lost wages during recovery
- Loss of future earning capacity
- Vehicle repair or replacement
- Out-of-pocket accident expenses
Non-economic damages
- Pain and suffering
- Emotional distress and anxiety
- Loss of enjoyment of life
- Permanent disfigurement or scarring
- Loss of consortium
Punitive damages
In cases involving gross negligence or reckless conduct — a drunk driver, a driver who knew their brakes had failed, someone street racing — South Carolina permits punitive damages under SC Code §15-32-520. These are capped at $500,000 or three times the compensatory award, whichever is greater. They do not apply in every case, but when the facts support them, they can significantly change the value of a claim.
A trial attorney who answers his own phone.
Joe Cunningham is a trial attorney and former U.S. Congressman who represented South Carolina’s 1st Congressional District in the 116th Congress. He is not a volume practice. Joe Cunningham Law handles a selective caseload because every car accident case deserves real attention.
His background spans personal injury litigation, construction litigation, and business law. He is admitted to practice in South Carolina and the U.S. District Court for the District of South Carolina. He lives in Charleston with his family.
U.S. District Court, D.S.C.
Hear from a client we helped.
“They were able to settle our accident within six months.”
Questions we hear before every first call.
Three years from the date of the accident under SC Code §15-3-530. If the accident involved a government vehicle or occurred on government property, you must file a notice of claim within 180 days under the SC Tort Claims Act. Missing either deadline permanently bars your claim.
You can still recover under South Carolina’s modified comparative fault rule (SC Code §15-38-15), as long as your share of fault is 50% or less.
It depends on the nature and severity of your injuries, the impact on your ability to work, and the strength of the liability case.
Nothing upfront. We work on contingency — our fee is a percentage of the recovery, paid at settlement or verdict. If we don’t win, you owe nothing.
Most cases settle before trial. We prepare every case as if it will go to a jury — that posture produces better settlements. If the insurer won’t make a fair offer, we file suit and let a jury decide.
South Carolina requires all drivers to carry uninsured motorist (UM) coverage. If the at-fault driver has no insurance, your UM policy covers your damages. If they have insurance but not enough, your underinsured motorist (UIM) coverage fills the gap. We review every available policy to maximize your recovery.
Call 911. Get medical attention — adrenaline masks injuries that appear hours or days later. Document the scene with photos if you can safely do so. Get the other driver’s insurance and contact information. Do not apologize, admit fault, or give a recorded statement to any insurance company before speaking with an attorney.
You can still file a claim. Gaps in treatment give insurance adjusters an argument that your injuries weren’t serious or weren’t caused by the accident. Get treated now — it protects both your health and your case.
Straightforward cases with clear liability can resolve in a few months. Cases involving serious injuries, disputed liability, or litigation typically take one to three years. We push for the fastest resolution consistent with getting you full value — which means not settling before your medical picture is complete.
Passengers have the clearest claims — you bear no fault for the collision itself. You can file against the at-fault driver’s insurance, and if applicable, against the driver of the vehicle you were riding in.
Insurance adjusters are trained to minimize payouts and handle accident claims daily. Quick settlements rarely account for future medical costs, long-term lost earning capacity, or non-economic damages. Most people who handle their own claims recover significantly less than those with representation.
Yes — you must show the other party was negligent. But liability is rarely as simple as it first appears. We investigate whether additional parties — employers, vehicle owners, municipalities, manufacturers — share responsibility. Each additional liable party can mean access to additional insurance coverage.
Talk to a Charleston car accident lawyer.
If you’ve been hurt in a car accident in Charleston or anywhere in South Carolina, contact Joe Cunningham Law. The consultation is free and there is no fee unless we recover for you.
Charleston, S.C. 29407
Thank you. Your message is on its way to Joe.
We review every message personally and will get back to you, usually within the hour during business hours. For anything urgent, call (843) 633-3360.