843-636-TREY
The short answer: Yes, you can usually pursue a claim after a car accident with a government vehicle in South Carolina, but the rules are different from a crash with a private driver. These cases fall under the South Carolina Tort Claims Act, which sets shorter deadlines, caps how much you can recover, and requires you to bring your claim against the government agency rather than the individual driver. Because the timeline is tighter than a standard injury case, it’s smart to talk to a lawyer quickly.
Being hit by a police car, a city dump truck, or another government-owned vehicle is stressful and confusing. You’re hurt, your car is damaged, and now you’re wondering whether you can even hold a government agency responsible. You can, and understanding how a car accident with a government vehicle works is the first step. Trey Harrell offers a free consultation, and you don’t pay anything unless he recovers compensation for you. Remember, Trey helps.
In this article, our Summerville car accident lawyers discuss:
– Whether you can sue the government after a crash.
– What the South Carolina Tort Claims Act is.
– The shorter deadlines that apply to government claims.
– The limits on how much you can recover.
– What to do if a government vehicle hits you.
– Why prompt legal help matters.
Can You Sue The Government For A Crash With A Government Vehicle?
Yes, you can sue the government after an accident with a government vehicle, but you generally have to bring your claim against the agency, not the driver. The South Carolina Tort Claims Act is the exclusive and sole remedy for torts committed by a government employee acting within the scope of official duty. The Act requires that the agency or political subdivision be named as the party defendant, so if a city officer, county worker, or state employee causes a crash on the job, your claim is against their agency, not the person behind the wheel.
This covers many kinds of government vehicles, from an accident with a police car or fire truck to a school bus or state agency car. Suing the government isn’t the same as a routine claim, so the rules matter.
What Is The South Carolina Tort Claims Act?
The South Carolina Tort Claims Act is the law that allows injured individuals to recover damages from government entities. It gives you a right to compensation, but it also limits that right in ways a private claim doesn’t.
Under the Act, a person generally cannot recover more than $300,000 for loss from a single occurrence, and the total recovery from a single occurrence cannot exceed $600,000, no matter how many agencies are involved. Section 15-78-120 also prohibits punitive or exemplary damages against the government, so you cannot collect money meant only to punish.
How Long Do You Have To File A Claim Against A Government Vehicle?
You usually have only two years to sue under the Tort Claims Act (§ 15-78-110), which is shorter than the deadline for a typical car accident. Any action under the Act is barred unless it’s commenced within two years after the loss was or should have been discovered, though filing a claim first extends that to three years. By contrast, South Carolina’s general statute (§ 15-3-530) gives you three years for most personal injury claims. Waiting too long can permanently bar your case, so this shorter window matters more than almost anything else.
Here’s the wrinkle. To reach that longer three-year period, you have to file a verified claim with the government first. If a verified claim is filed, it must be received within one year of when the loss was or should have been discovered. It also has to set out details such as the circumstances, the extent of the loss, and where and when it happened. Miss that one-year window, and you’re back to the two-year limit.
What Should You Do If A Government Vehicle Hits You?
Do the same things you’d do in any crash, then move quickly to protect the tighter government deadline. Right after the collision:
– Report the accident by calling 911.
– Get checked by a medical professional even if you feel fine, since some injuries surface later.
– Take photos of the vehicles, the scene, and any government markings or plates.
– Note the names and agencies of everyone involved.
– Hold off on giving a recorded statement to the agency or its insurer until you’ve spoken with a lawyer.
Government agencies and their insurers often start building a defense fast. The sooner someone is protecting your side, the better.
Why Prompt Legal Help Matters After A Government Vehicle Crash
Government claims run on a shorter clock and follow special procedures, so prompt legal help protects your right to recover. Trey Harrell understands how government entities operate and defend claims from the inside. As a former Federal Prosecutor, Trey spent years working within the government system, and he now uses that knowledge to help injured individuals in Charleston and across South Carolina.
A third-generation Charlestonian, Trey takes each case personally and walks clients through every step. From his Charleston office at 2000 Sam Rittenberg Boulevard, he handles the legal side so you can focus on healing. Call 843-636-8739 to get started.
Frequently Asked Questions About A Car Accident With A Government Vehicle
Can I sue the police officer or driver personally?
Usually no. When a government employee causes a crash on the job, the Tort Claims Act generally makes the agency the proper defendant rather than the individual. Trey can identify the correct government entity to name in your claim.
How much can I recover from the government?
Recovery is generally capped at $300,000 per person and $600,000 per occurrence. The Act also bars punitive damages. Every case is different, so what your claim is worth depends on your specific injuries and circumstances.
What if I was partly at fault for the accident?
South Carolina follows modified comparative negligence. You can still recover as long as you’re not more at fault than the other side, but your share of the blame reduces your compensation. Trey can review how fault affects your claim.
Does it cost anything to talk to Trey?
No. The consultation is free, and Trey works on a contingency fee basis, meaning no fee unless he recovers compensation for you. You don’t pay anything up front.
If a government vehicle hits you, don’t wait. These deadlines are shorter than you’d expect. Call 843-636-8739 for a free consultation. Remember, Trey helps.