Determine Jurisdiction

Damage Claim - Step 2 of 5

During this stage in the claims process, SCDOT will determine the jurisdiction for the claim. The South Carolina Tort Claims Act (Section 15-78-60 (15) provides SCDOT with immunity from liability in certain cases. Examples of these exceptions include incidents that occur outside of a state-maintained road or in an active construction zone. If your claim falls within one of the exceptions listed in the law, it will not be eligible for payment by SCDOT and you will be referred to the appropriate office or individual(s) responsible for resolving your claim.

In order for a claim to be payable, the damage must have occurred on a state-maintained road, SCDOT must have known about the condition or defect before the damage was incurred –AND- SCDOT failed to correct the condition within a reasonable time.