Vehicle damage sustained from a pothole, loose debris, or other hazards on South Carolina’s state roads, entitles anyone driving in South Carolina to file a claim for compensation through the South Carolina Department of Transportation. Here’s what you need to know to get started.
Under the South Carolina Tort Claims Act, motorists traveling around or through the state may claim damages with the department of transportation in the event their vehicles becomes damaged from road debris from road maintenance, improperly marked construction zones or from hitting a pothole.
Eligibility to file a claim
To be eligible, the claimants must have:
- Incurred damage on a state-owned road, identifiable by street finder;
- Incurred damage on a state-owned road the department knew had a defect before the harm occurred; and
- Incurred damage on a state-owned road when the department knew of the defect and did not correct it in a reasonable time.
The amount of time the department has to cure a road defect is not defined.
Additionally, claims resulting from the absence, condition, or malfunction of any traffic sign, signal, warning device, illumination device, guardrail, or median barrier are ineligible for compensation, unless the defect wasn’t cured by the agency responsible for its maintenance within “a reasonable time after” notice. Notice could be actual or constructive — when the agency should have known the defect was present regardless of whether the agency was directly notified.
Claim submittal
To submit a claim, motorists who meet eligibility requirements must submit:
- An SCDOT damage claim form that must be motorized;
- Two repair estimates or a paid itemized receipt; and
- Vehicle registration.
Claimants may also submit photos of their damaged vehicle and must mail their damage claim form to SCDOT or upload it online:…