File A Damage Claim
The South Carolina Department of Transportation is dedicated to quickly and fairly resolving claims for damages that occur on state-maintained roads due to a road defect or other condition pursuant to the South Carolina Tort Claims Act.
Damage Claim Requirements
Claims are evaluated on a case-by-case basis. To be eligible for payment, the damage must have occurred on a state-maintained roadway, and SCDOT must have had prior knowledge of the roadway condition or defect and failed to correct it within a reasonable period of time.
Filing Deadline
Claimants have one (1) year from the date of the incident to file a damage claim.
Damage in a Work Zone
While SCDOT receives and conducts the initial investigation for damages that occur within a work zone, the contractor—not SCDOT—is ultimately responsible for reviewing the claim and making a determination.
Submit a Claim Online
Already have a damage claim account?
(If you have already submitted a claim and wish to confirm it has been received or review its status, please click the login button.)
Need Help?
Contact our Customer Service Center toll free at 855-GO-SCDOT (855-467-2368) or 803-737-1200 or by email.
Frequently Asked Questions
** Please fill out all applicable fields on the online damage claim form.
In addition to a completed Damage Claim Form, you must submit either:
- Two (2) repair estimates OR
- One (1) paid repair invoice
If you are filing a claim for vehicle damage, you must also provide a copy of your vehicle registration. The claimant must be the owner of the vehicle listed on the registration. Photographs of the damaged property are strongly recommended. If it is safe to do so, you may also submit photographs of the location where the damage occurred, as these can help support your claim.
All supporting documentation can be uploaded through your online account when you submit your Damage Claim Form.
ONE YEAR – an individual has one year from the date of occurrence to file a damage claim.
We strongly encourage you to create an online claims account and submit your claim electronically. Filing online allows you to securely upload supporting documents, track the status of your claim, and access your claim information at any time.
If you are unable to file online, SCDOT also offers a mail-in option. Simply download and complete the Damage Claim Form, then mail the completed form and all supporting documentation to the address below.
- SCDOT
- Attn: Customer Service Center
- 955 Park Street
- Columbia, SC 29201
Step 1 - Damage Claim Received
The South Carolina Tort Claims Act (Section 15-78-10) allows an individual to file a claim against SCDOT. The individual must submit a complete application for damage claim within one year from the date of incident. SCDOT or its insurance carrier has 180 days to determine if the claim meets the eligibility criteria as outlined in the South Carolina Tort Claims Act. Please note that submitting a claim and all required information does not guarantee that your claim is payable.
Step 2 - Determine Jurisdiction
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.
Step 3 - County Investigation
If your application for damage claim has been determined to be the jurisdiction of SCDOT, the County in which your damage occurred will assign an investigator. The County Investigator will review your application, investigate the claim and provide a recommendation to SCDOT Headquarters Office.
Step 4 - Headquarters Decision
SCDOT has a monetary threshold for which they can approve claims; claims under this threshold will be reviewed and resolved at the Legal Office. Claims that exceed this monetary threshold will be referred to the State Insurance Reserve Fund for resolution.
Step 5 - Final Decision
The last step in the claims process is the determination of resolution/final decision. For claims up to the SCDOT monetary threshold, the Legal Office will determine resolution on the damage claim application. For claims that exceed the SCDOT monetary threshold, the IRF will determine resolution on the damage claim application.
If a damage claim is resolved in favor of the claimant, a check will be issued by the SC State Treasurer’s Office within 10 business days of claimant notification.
If the damage claim is resolved with a determination that SCDOT was not liable in accordance with the SC Tort Claims Act, the SCDOT Legal Office will notify the claimant that their claim will not be paid.
Check location in the SCDOT Street Finder map.
To check the status of your damage claim you may log into your claims account or contact the SCDOT Customer Service Center.
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.