South Carolina Hit and Run Laws: Penalties and What to Do
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.
Failing to comply is a misdemeanor carrying the same penalties as property damage hit and run.
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: Subject to suspension or revocation
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 (56-5-2946): A felony carrying up to 10 years in prison, a fine up to $5,000, and license revocation for 5 years.
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, 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.
- Call law enforcement immediately for any accident involving death, injury, or property damage over $1,000.
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 report when you cannot.
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 under S.C. Code 15-38-15. If you are 51% or more at fault, you cannot recover any damages.
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
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
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