South Carolina
South Carolina Hit and Run Laws: Penalties and What to Do
South Carolina classifies leaving the scene of an accident as a misdemeanor or felony under S.C. Code Ann. 56-5-1210, depending on harm caused. Penalties range from up to one year in jail for property damage to 1 to 25 years in prison and up to $25,000 in fines when the crash causes death.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free South Carolina Car Accident Settlement Calculator.
Last verified: March 2026. This guide reflects current South Carolina Code Title 56, Chapter 5.
Quick Summary of South Carolina Hit and Run Laws
South Carolina law requires every driver involved in a traffic accident to stop, identify themselves, and render reasonable aid. Failing to do so is a criminal offense under S.C. Code Title 56, Chapter 5. The severity of the charge depends on the outcome of the accident.
| Accident Outcome | Classification | Jail/Prison Time | Fine Range |
|---|---|---|---|
| Property damage only | Misdemeanor | Up to 1 year | $100 - $5,000 |
| Minor personal injury | Misdemeanor | 30 days - 1 year | $100 - $5,000 |
| Great bodily injury | Felony | 30 days - 10 years | $5,000 - $10,000 |
| Death | Felony | 1 - 25 years | $10,000 - $25,000 |
Key statutes:
- S.C. Code 56-5-1210: Duties after an accident resulting in death or personal injury
- S.C. Code 56-5-1220: Duties after an accident resulting in damage to attended vehicles
- S.C. Code 56-5-1230: Duty to give information and render aid
- S.C. Code 56-5-1240: Duty upon striking an unattended vehicle or property
- S.C. Code 56-5-1270: Written accident report requirements
South Carolina is an at-fault (tort) state. The at-fault party pays the victim. You have 3 years to file a personal injury claim.
Penalties for Leaving the Scene of an Accident
South Carolina organizes hit and run penalties into four tiers based on the severity of harm. Each tier carries increasingly serious consequences, including mandatory license action.
Property Damage to Attended Vehicles (56-5-1220)
If you leave the scene of an accident that caused only property damage to an attended vehicle, you face:
- Classification: Misdemeanor
- Jail time: Up to 1 year
- Fine: $100 to $5,000
- License: Subject to suspension or revocation by the DMV
This applies when another vehicle is occupied or its driver is present. You must stop, provide your information, and fulfill the duties listed in 56-5-1230.
Unattended Vehicle or Fixed Property (56-5-1240, 56-5-1250)
If you strike an unattended vehicle, you must make a reasonable effort to find the owner. If you cannot locate them, you must leave a written note in a visible spot on the vehicle with your name, address, and a description of what happened.
Striking fixtures on or near a highway (guardrails, signs, utility poles) triggers the same duty under 56-5-1250. You must take reasonable steps to locate and notify the owner.
Neither section sets its own penalty, so a violation falls under the chapter's general misdemeanor penalty in S.C. Code 56-5-6190: a fine of up to $100 or up to 30 days in jail.
Minor Personal Injury (56-5-1210)
When an accident results in injury that does not rise to the level of "great bodily injury," leaving the scene is a misdemeanor. Penalties include:
- Jail time: 30 days to 1 year
- Fine: $100 to $5,000
- License: Mandatory revocation (the DMV must revoke the license of anyone convicted under 56-5-1210)
Great Bodily Injury (56-5-1210)
When the accident causes great bodily injury, the charge escalates to a felony. South Carolina defines "great bodily injury" as an injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
- Prison time: 30 days to 10 years
- Fine: $5,000 to $10,000
- License: Mandatory revocation
Death (56-5-1210)
Leaving the scene of a fatal accident is the most serious hit and run charge in South Carolina.
- Prison time: 1 to 25 years
- Fine: $10,000 to $25,000
- License: Mandatory revocation
The vehicle involved must not be moved until the investigating law enforcement officer authorizes it.
Additional Charges That May Apply
Drivers who flee the scene may face additional criminal charges depending on the circumstances:
Involuntary Manslaughter (16-3-60): A felony carrying up to 5 years in prison.
Reckless Vehicular Homicide (56-5-2910): A felony carrying a fine of $1,000 to $5,000, up to 10 years in prison, or both, plus a 5-year license revocation.
Felony DUI (56-5-2945): If the driver was impaired and caused great bodily injury or death, felony DUI charges carry penalties of up to 25 years depending on the circumstances.
Driver Duties After an Accident in South Carolina
Under S.C. Code 56-5-1230 and related sections of Title 56, Chapter 5, every driver involved in an accident must fulfill specific legal duties. Failing to complete any of these steps can turn an ordinary accident into a criminal offense.
Required Actions at the Scene
- Stop immediately at the scene or as close as safely possible without blocking traffic.
- Provide your information: Name, address, and vehicle registration number to the other driver, any injured person, or a police officer.
- Show your driver's license when requested.
- Render reasonable aid to anyone injured. This includes arranging transportation to a hospital if treatment appears necessary or if the injured person requests it.
- Notify law enforcement immediately, by the quickest available means, of any accident involving injury or death (S.C. Code 56-5-1260). Notice goes to the local police inside a municipality, or otherwise to the county sheriff or the nearest South Carolina Highway Patrol office.
You may temporarily leave the scene to report the accident to police, but you must return promptly.
Written Accident Report Requirements
Under 56-5-1270, if law enforcement did not investigate the accident, you must file a written report with the South Carolina DMV within 15 days of the accident date. This applies when the accident involved:
- Death
- Injury to any person
- Property damage of $1,000 or more
The report must include verification of your liability insurance. Failing to file with proper insurance verification is treated as "prima facie evidence that the vehicle was uninsured."
Law enforcement officers who investigate a qualifying accident must forward their written report to the DMV within 24 hours of completing the investigation.
When You Cannot File a Report
If you are physically unable to file a report, a passenger in your vehicle may do so on your behalf. If you are not the vehicle owner, the owner must file the written report within 5 days after learning of the accident (S.C. Code 56-5-1280).
No Criminal Statute of Limitations
South Carolina is one of only two states (along with Wyoming) that has no criminal statute of limitations for any offense. This means prosecutors can file hit and run charges months, years, or even decades after the incident.
For civil claims, the timeline is different. You have 3 years from the date of the accident to file a personal injury, property damage, or wrongful death lawsuit under South Carolina's statute of limitations.
Insurance Implications of a Hit and Run
South Carolina is an at-fault (tort) state, meaning the driver who caused the accident is responsible for the victim's damages. The state follows a modified comparative negligence rule, which comes from South Carolina case law rather than a statute. If you are 51% or more at fault, you cannot recover any damages. Separately, S.C. Code 15-38-15 limits joint and several liability for a defendant found less than 50% at fault.
Uninsured Motorist Coverage
If the at-fault driver flees and cannot be identified, your uninsured motorist (UM) coverage becomes your primary source of compensation. South Carolina law requires all drivers to carry UM coverage at the state minimum liability limits (25/50/25). According to the South Carolina Department of Insurance, there is typically a $200 deductible on UM property damage claims.
Under S.C. Code 38-77-170, to make an uninsured motorist claim for a hit and run, you generally must:
- Report the accident to police within a reasonable time
- Document physical contact with the unknown vehicle, or obtain a witness affidavit if there was no direct contact
If the driver who hit you was never identified, get a free claim review from a South Carolina car accident lawyer on the contact or witness proof your UM claim needs (attorney advertising).
Impact on Your Insurance
A hit and run conviction will almost certainly increase your insurance premiums. Insurers view leaving the scene as a serious risk factor, and the conviction will appear on your driving record alongside any license suspension or revocation.
South Carolina Crash Statistics
According to the South Carolina Department of Public Safety (SCDPS):
- Fatal crashes fell 9% in 2024, reaching the lowest level in at least 7 years
- Driver behavior accounts for more than 82% of fatal collisions
- Fatal and serious traffic crashes cost South Carolina $30.9 billion in economic and quality-of-life losses in 2023
- The state has focused enforcement on impaired driving, speeding, and distracted driving
In 2024, South Carolina recorded 37,043 speed-related collisions, resulting in 372 fatalities.
Notable South Carolina Hit and Run Cases
USC Student Killed (April 2025)
A University of South Carolina student was killed in a hit and run crash near campus in Columbia. Police arrested a suspect shortly after the incident. The case drew significant attention due to the victim's connection to the university community.
Denise Gamble Case (2024-2025)
A three-month investigation led to an arrest in the death of 65-year-old Denise Gamble, who was struck and killed while walking on a sidewalk on Koon Road near Farrow Road in Columbia on September 28, 2024.
Little River Fatal Hit and Run (December 2024)
John Seltzer, 61, of Little River was arrested and charged with hit and run causing death. His bond was set at $250,000, underscoring the serious consequences of fleeing a fatal accident.
Charleston Double Fatality (April 2024)
Two women, Arianna Gamber and Lizzy Zito, were killed in a hit and run in Charleston when struck by two separate vehicles. Both drivers were charged with leaving the scene of an accident resulting in death. A subsequent lawsuit named establishments that allegedly overserved the drivers.
Defenses to Hit and Run Charges
If you are charged with leaving the scene of an accident in South Carolina, several defenses may apply depending on the facts:
- Mistaken identity: You were not the driver involved in the accident.
- Lack of knowledge: You were genuinely unaware that an accident occurred (for example, a minor bump in a loud environment).
- No injury, death, or property damage: The state must prove the accident caused harm or damage.
- Left to seek help: You temporarily left the scene to transport an injured person to a hospital or to report the accident.
- Safety concerns: You feared for your personal safety and left, but reported the accident immediately afterward. This defense requires a valid, articulable reason.
More South Carolina Laws
Frequently Asked Questions
What are the penalties for a hit and run in South Carolina?
Penalties depend on the severity of the accident. Property damage hit and run is a misdemeanor with up to 1 year in jail and $100 to $5,000 in fines. Minor injury carries 30 days to 1 year in jail. Great bodily injury is a felony with up to 10 years in prison and $5,000 to $10,000 in fines. A fatal hit and run is a felony punishable by 1 to 25 years in prison and $10,000 to $25,000 in fines.
Is South Carolina an at-fault state for car accidents?
Yes. South Carolina uses a tort (at-fault) system. The driver who caused the accident is responsible for the victim's damages. The state follows a modified comparative negligence rule established by South Carolina case law. If you are 51% or more at fault, you cannot recover any compensation.
How long do I have to file a claim after a hit and run in South Carolina?
For civil claims (personal injury, property damage, or wrongful death), you have 3 years from the date of the accident. For criminal charges, there is no statute of limitations in South Carolina. Prosecutors can file charges at any time.
What should I do if I am the victim of a hit and run in South Carolina?
Call 911 and report the accident immediately. Document everything: take photos of the scene, your vehicle, and any injuries. Collect contact information from witnesses. Note any details about the fleeing vehicle (color, make, model, license plate). Seek medical attention even if injuries seem minor. File a report with police and contact your insurance company about your uninsured motorist coverage.
What defenses exist for hit and run charges in South Carolina?
Common defenses include mistaken identity, genuine lack of knowledge that an accident occurred, absence of injury or property damage, temporarily leaving to seek medical help for an injured person, and legitimate safety concerns that caused you to leave (provided you reported the accident immediately). An attorney can evaluate which defenses apply to your specific situation.
Updates
Corrected the reckless vehicular homicide citation, the license revocation rule for injury hit and runs, the penalty for unattended-vehicle and fixture violations, the police notification duty, the source of the comparative negligence rule, and the owner's report deadline.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 56: MOTOR VEHICLES
§ 56-5-1210Duties of drivers involved in accident resulting in death or personal injury; moving or removing vehiclesIn force
(A) The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible. He then shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. However, he may temporarily leave the scene to report the accident to the proper authorities. The stop must be made without obstructing traffic more than is necessary.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- State v. Westmoreland (Court of Appeals of South Carolina 2017, 421 S.C. 410)“…il he has fulfilled all requirements of section 56-5-1230. S.C. Code Ann. § 56-5-1210 (A) (2006). A driver who fails to compl…”
- State v. Miller (Supreme Court of South Carolina 2018, 423 S.C. 95)“…ies and reporting procedures following vehicular accidents. S.C. Code Ann. §§ 56-5-1210 to -1360 (2018). 12 Article 23 provi…”
- State v. Padgett (Supreme Court of South Carolina 2010)“…ellant's counsel requested the trial court read verbatim S.C. Code Ann. §§56-5-1210 and 1230 (2007), the statutes under wh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 56-5-1220Duties of driver involved in accident resulting in damage to attended vehiclesIn force
(A) The driver of a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible, but shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. However, he may temporarily leave the scene to report the accident to the proper authorities. A person who fails to stop or comply with the requirements of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both. (B) If a disabled vehicle or a vehicle involved in an accident resulting only in damage to a vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort to move any vehicle that is capable of being driven safely off the roadway as defined by Section 56-5-460 so as not to block the flow of traffic.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-5-1230Duty to give information and render aidIn force
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall upon request and if available exhibit his driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or making arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- State v. Westmoreland (Court of Appeals of South Carolina 2017, 421 S.C. 410)“…ress, and vehicle registration number to the other driver. S.C. Code Ann. § 56-5-1230 (2006). Section 56-5-1230 also require…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 56-5-1270Operators, owners, and law enforcement officers shall make written reports of certain accidents and investigationsIn force
The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the Department of Motor Vehicles, the proof and report to be in a manner prescribed by the Department of Motor Vehicles and the Department of Public Safety. The completed and verified form must be returned by the operator or owner to the Department of Motor Vehicles within fifteen days from the accident date. Failure to forward the accident report verified in the proper manner in respect to liability insurance coverage for the operation of the vehicle involved in the accident is prima facie evidence that the vehicle was uninsured.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- Branham v. Leaphart (Supreme Court of South Carolina 1993, 311 S.C. 231)“…epared his own written investigative report as required by S.C. Code Ann. § 56-5-1270 (1991). The officer filed his report a…”
- Owens v. Town of Allendale (Court of Appeals of South Carolina 2008)“…e care of either party in an action to recover damages); S.C. Code Ann. § 56-5-1270 (2006) (requiring a report from ever…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 56-5-1240Duties of driver involved in accident involving unattended vehicleIn force
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1994
Opinions citing this section in our collection:
- Stone v. State (Supreme Court of South Carolina 1994, 313 S.C. 533)“…rged with leaving the scene of an accident in violation of S.C. Code Ann. § 56-5-1240 (1991). That section is a part of Arti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 56-5-1250Duties of driver striking fixtures upon or adjacent to highwayIn force
The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his driver's license and shall make report of such accident when and as required in Section 56-5-1270.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-5-2910Reckless vehicular homicide; penalties; revocation of driver's license; reinstatement of license; conditions; consequences for subsequent violationsIn force
(A) When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless vehicular homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless vehicular homicide is guilty of a felony, and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The Department of Motor Vehicles shall revoke for five years the driver's license of a person convicted of reckless vehicular homicide. (B) After one year from the date of revocation, the person may petition the circuit court in the county of the person's residence for reinstatement of the person's driver's license. The person shall serve a copy of the petition upon the solicitor of the county. The solicitor shall notify the representative of the victim of the reckless vehicular homicide of the person's intent to seek reinstatement of the person's driver's license.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- State v. Leonard (Supreme Court of South Carolina 1987, 292 S.C. 133)“…rial judge charged the jury the reckless homicide statute, S.C. Code Ann. § 56-5-2910 (1976), which reads in part: When th…”
- State v. Cribb (Supreme Court of South Carolina 1992, 310 S.C. 518)“…rating such vehicle shall be guilty of reckless homicide.” S.C. Code Ann. § 56-5-2910 (1991). “A person who drives a…”
- State v. Easler (Court of Appeals of South Carolina 1996, 322 S.C. 333)“…vehicle in reckless disregard of the safety of others....” S.C. Code Ann. § 56-5-2910 (Supp. 1994). The elements of f…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 56-5-1260Immediate report of accidents resulting in personal injury or deathIn force
The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately by the quickest means of communication, whether oral or written, give notice of such accident to the local police department if such accident occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the South Carolina Highway Patrol.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1993
Opinions citing this section in our collection:
- Branham v. Leaphart (Supreme Court of South Carolina 1993, 311 S.C. 231)“…nd remanding it for new trial is, itself, Reversed. S.C. Code Ann. §§ 56-5-1260 to -1280 (1991).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 56-5-1280When driver unable to report, other occupant or owner shall reportIn force
Whenever the driver of a vehicle is physically incapable of making an immediate or a written report of an accident as required in Section 56-5-1260 and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made such report not made by the driver. Whenever the driver is so physically incapable of making a written report as required in Section 56-5-1270 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five days after learning of the accident make such report not made by the driver.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-5-6190General penalty for violations of chapterIn forcecited in 2 of our articles
It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: South Carolina Windshield Mounting Laws (2026 Guide)
South Carolina Code of Laws, Title 15: CIVIL REMEDIES AND PROCEDURES
§ 15-38-15Liability of tortfeasor responsible for less than fifty per cent of total fault; apportionment; willful or reckless defendant and drug exceptionsIn forcecited in 3 of our articles
(A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one tortfeasor, joint and several liability does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants and tortfeasors; and (ii) the fault (comparative negligence), if any, of plaintiff. A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact. (B) Apportionment of percentages of fault among defendants and tortfeasors is to be determined as specified in subsection (C).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Smith v. Tiffany (Supreme Court of South Carolina 2017, 419 S.C. 548)“…00% of liability only between the parties before it. See S.C. Code Ann. §§ 15-38-15 (D) (Supp. 2015); 15-38-40. The impli…”
- Machin v. Carus Corp. (Supreme Court of South Carolina 2017, 419 S.C. 527)“…or any or all of the damages alleged by any other party. S.C. Code Ann. § 15-38-15 (C)-(D) (Supp. 2015) (emphasis added).…”
- Shannon P. Green v. Edward C. McGee (Supreme Court of South Carolina 2025)“…ble damages determined by the jury or trier of fact. S.C. Code Ann. § 15-38-15(A) (Supp. 2024); see also Smith v. Tiff…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in South Carolina (2026): Deadlines & Liability, South Carolina Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026)
South Carolina Code of Laws, Title 38: INSURANCE
§ 38-77-170Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknownIn force
(A) If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless: (1) the insured or someone in his behalf reports the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence; and (2) one of the following conditions is met: (a) the injury or damage was caused by physical contact with the unknown vehicle; (b) the accident was witnessed by someone other than the owner or operator of the insured vehicle; provided, however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit or upon failing to obtain the affidavit, the insured may seek a court order for a presuit deposition of the witness under the procedures set forth in Rule 27, South Carolina Rules of Civil Procedure; or (c) the insured can provide a recording of the accident, obtained electronically or otherwise, showing that the damage or injury was caused by the unknown vehicle; and (3) the insured was not negligent in failing to determine the identity of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Collins v. Doe (Supreme Court of South Carolina 2002, 352 S.C. 462)“…t.App.2000). The Court of Appeals held that for purposes of S.C.Code Ann. § 38-77-170(2) (Supp.2001), a witness's sworn trial…”
- Silva v. Allstate Prop. & Cas. Ins. Co. (Supreme Court of South Carolina 2018, 424 S.C. 512)“…river of the other vehicle at the time of the accident. S.C. Code Ann. § 38-77-170 (2015) (emphasis added). Because Silv…”
- Jordan v. Doe (Court of Appeals of South Carolina 2017, 421 S.C. 586)“…that the moving party must prevail as a matter of law.”); S.C. Code Ann. § 38-77-170 (3). Immediately following the accident…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): South Carolina Code of Laws, Title 56: MOTOR VEHICLES § 56-5-10 (Short title)
Related law for further reading — not part of this article’s citations.
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Sources and References
- South Carolina Code of Laws, Title 56, Chapter 5: Uniform Act Regulating Traffic on Highways(scstatehouse.gov).gov
- S.C. Code 56-5-1210: Duties of drivers involved in accident resulting in death or personal injury (2024)(law.justia.com)
- S.C. Code 56-5-1220: Duties of driver involved in accident resulting in damage to attended vehicles (2024)(law.justia.com)
- S.C. Code 56-5-1230: Duty to give information and render aid(law.justia.com)
- S.C. Code 56-5-1240: Duties of driver involved in accident involving unattended vehicle (2024)(law.justia.com)
- S.C. Code 56-5-1270: Written accident report requirements (2024)(law.justia.com)
- S.C. Code 56-5-1250: Duties of driver striking fixtures upon or adjacent to highway (2024)(law.justia.com)
- S.C. Code 15-38-15: Modified comparative negligence rule(law.justia.com)
- South Carolina Department of Insurance: Automobile Insurance(doi.sc.gov).gov
- South Carolina Department of Public Safety: Highway Safety Statistical Services(scdps.sc.gov).gov
- SCDPS Traffic Fatality Count(scdps.sc.gov).gov
- S.C. Code 15-38-15: Liability of defendants less than 50% at fault (joint and several liability)(scstatehouse.gov)
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