File A Damage Claim

How do I file a claim against SCDOT?

Fill out a Damage Claim form

Damage Claim form instructions:
1. APPLICATION - Please type or clearly print all applicable fields except where signature is indicated.
2. OWNER – An owner of the vehicle as named on the vehicle registration must be the person named as the Claimant.
3. REGISTRATION – A copy of the vehicle registration must be included with the Claim Form.
4. ESTIMATES – Two repair estimates -OR- a paid invoice must be included.
5. SIGNATURE – The Claimant’s signature must be properly notarized.
6. PICTURES – Pictures of the physical damage are very helpful to your claim. Also, if you hit a pothole, please send: (a) a photo of the pothole only if you can safely do so; (b) a photo of the pothole area with some background to aid the investigator in locating where the damage occurred. If the pothole has been filled when you go to take pictures, please still include the suggested photos.

Location to file a Damage Claim

Submit the Damage Claim form along with the other required items to SCDOT Customer Service.

Eligible Claims Criteria

The South Carolina Tort Claims Act (Section 15-78-10) allows an individual to file a claim against SCDOT.

The South Carolina Tort Claims Act (Section 15-78-60 (15)) also provides SCDOT with immunity from liability in certain cases. If your claim falls within one of the exceptions listed in the law, it will not be eligible for payment.

SECTION 15-78-60. Exceptions to waiver of immunity. The governmental entity is not liable for a loss resulting from: (15) absence, condition, or malfunction of any sign, signal, warning device, illumination device, guardrail, or median barrier unless the absence, condition, or malfunction is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the removal or destruction of signs, signals, warning devices, guardrails, or median barriers by third parties except on failure of the political subdivision to correct them within a reasonable time after actual or constructive notice. Nothing in this item gives rise to liability arising from a failure of any governmental entity to initially place any of the above signs, signals, warning devices, guardrails, or median barriers when the failure is the result of a discretionary act of the governmental entity. The signs, signals, warning devices, guardrails, or median barriers referred to in this item are those used in connection with hazards normally connected with the use of public ways and do not apply to the duty to warn of special conditions such as excavations, dredging, or public way construction. Governmental entities are not liable for the design of highways and other public ways. Governmental entities are not liable for loss on public ways under construction when the entity is protected by an indemnity bond. Governmental entities responsible for maintaining highways, roads, streets, causeways, bridges, or other public ways are not liable for loss arising out of a defect or a condition in, on, under, or overhanging a highway, road, street, causeway, bridge, or other public way caused by a third party unless the defect or condition is not corrected by the particular governmental entity responsible for the maintenance within a reasonable time after actual or constructive notice;

Verified claims will only be payable if the damages fall within the parameters of Section 15-78-60(15).

PLEASE NOTE THAT SUBMITTING A CLAIM AND ALL REQUESTED INFORMATION DOES NOT GUARANTEE THAT YOUR CLAIM IS PAYABLE.

Deadline for Submission of Verified Claims

1. ONE YEAR – an individual has one year from the date of occurrence to file a damage claim.
2. 180 DAYS – Under SC Torts Claims Act, SCDOT or its insurance carrier has 180 days after a claim is received to make a decision whether the claim is paid or denied.