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Can I File a Claim Against SCDOT?

Can I File a Claim Against SCDOT?

If you’re like most people, you’re semi-familiar with the personal injury claims process. You know that if you’re involved in a car accident, you file a car accident claim against the at-fault driver. You know that if you’re hurt on someone else’s property, you file a claim against the property owner’s insurance policy.

But what if you sustain damage to your vehicle because of a pothole? What if you’re riding your bicycle and your bike gets caught in a pothole and you’re sent flying 20 feet in the air, you land on a car’s hood, and get run over? What if a street light is acting up and it turns green for opposite traffic while you’re legally driving through your green light?

What if there’s a construction hazard, you swerve to avoid it and you get into a horrific crash? Truly, the possibilities are endless and sometimes our vehicles are severely damaged or we get involved in serious, if not life-threatening wrecks as a result of a city or municipality’s negligence. When this happens, you have legal options.

Suing the SC Department of Transportation

One agency that citizens have had to sue for roadway hazards is the South Carolina Department of Transportation (SCDOT). In the past, people have filed claims against SCDOT for damage to their vehicles. Other times, people have sued for damage to their vehicles and for injuries they sustained.

Under the South Carolina Tort Claims Act, individuals are allowed to sue SCDOT for damages. Section 15-78-50(a) of the Act reads: “Any person who may suffer a loss proximity caused by a tort of the State, an agency, a political subdivision, or a governmental entity, and its employee acting within the scope of his official duty may file a claim as herein provided.”

Statute of Limitations

Under Sec. 15-78-110 of the Act, actions brought against the state or one of its political subdivisions, the injured party must file a claim within two years of the date of the occurrence or when it should have been discovered. This is called the “statute of limitations.”

To file a claim against SCDOT strictly for damage to a vehicle, you have one year from the date of the incident to file a damage claim.

Related: Can I Avoid a Personal Injury Trial?

Do you have a case against the state, a contractor who was working for the city, or a municipality in South Carolina? To learn more about your rights under the law, contact our firm to meet with a Columbia personal injury attorney.


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