South Carolina Golf Cart Accident Claims: Age Limits, Night Driving Rules, and Insurance Payouts
In South Carolina, golf carts can only be legally operated by licensed drivers aged 16 or older, strictly during daylight hours, and within 4 miles of the registered address. If an underage, intoxicated, or negligent driver causes an accident, they can be sued for personal injury damages.
Golf carts are no longer restricted to the fairway. In cities like Charleston, Hilton Head Island, and Myrtle Beach, they have become a primary mode of neighborhood transportation. However, this surge in popularity has led to a significant increase in severe accidents. Golf carts lack standard safety features like airbags, reinforced frames, and seatbelts, making passengers incredibly vulnerable during collisions with standard cars. South Carolina law strictly regulates where and how these vehicles can be driven. If you or a family member has been injured in a golf cart accident, you can search our directory of US Lawyers to connect with a qualified local personal injury attorney.
Step-by-Step Process in South Carolina
Step 1: Understanding SC Golf Cart Classifications and Rules
Before filing a claim, it is essential to determine if the at-fault driver was operating the cart legally. Under S.C. Code Ann. § 56-2-105, a golf cart must be registered with the South Carolina Department of Motor Vehicles, Blythewood using Form GC-2, South Carolina, Department of Motor Vehicles, Golf Cart Permit Registration. Furthermore, the law explicitly dictates that the driver must be at least 16 years old and possess a valid driver's license. Permitting an unlicensed child to drive a golf cart is a direct violation of state law, and the parents or cart owners can be held civilly liable for negligent entrustment if an accident occurs.
Step 2: Proving Violation of Daylight and Distance Rules
South Carolina imposes strict geographic and time limitations on golf carts. They may only be driven during daylight hours; driving a standard golf cart at night is illegal. Additionally, they may only be operated on secondary highways or streets with a speed limit of 35 mph or less, and strictly within four miles of the address listed on the registration certificate. If you were hit by a golf cart driver who was operating at night or outside their legal four-mile radius, their violation can serve as strong evidence of negligence in a civil lawsuit filed in the Beaufort County Court of Common Pleas, Beaufort or a similar local court.
Step 3: Pursuing Drunk Golf Cart Drivers
Driving a golf cart under the influence of alcohol or drugs carries the exact same criminal penalties as driving a standard motor vehicle drunk. If an intoxicated golf cart driver tips the vehicle over, ejects a passenger, or strikes a pedestrian, you have the right to sue for compensatory damages (medical bills, lost wages) and potentially punitive damages, which are intended to punish extremely reckless behavior under South Carolina law.
Step 4: Finding the Right Insurance Coverage
Securing an insurance payout in a golf cart accident can be complicated. If a standard motor vehicle hits a legally operating golf cart, the car driver's auto insurance is generally responsible for the damages. However, if the golf cart driver is at fault, their auto insurance may explicitly exclude golf cart accidents. In many cases, an experienced attorney will need to file a claim against the at-fault driver's homeowner's insurance policy, or pursue an uninsured/underinsured motorist (UM/UIM) claim on your own auto policy.
How Much Does it Cost in South Carolina?
Pursuing a golf cart injury claim typically costs you nothing upfront if you hire a personal injury attorney on a contingency basis. The attorney will generally retain 33% of an out-of-court settlement and up to 40% if the case proceeds to a jury trial. The case itself may accrue costs for obtaining official police reports, securing testimony from accident reconstruction experts (ranging from $2,000 to $5,000), and filing the initial summons and complaint at the local county courthouse, which carries a standard filing fee of roughly $150.
How Long Does the Process Take?
Under S.C. Code Ann. § 15-3-530, you generally have exactly three years from the date of the golf cart accident to file a formal personal injury lawsuit. If you are negotiating with an insurance adjuster, a settlement might be reached in as little as 4 to 8 months after you finish your medical treatments. However, if the insurance company disputes liability-perhaps claiming the injured passenger was standing up or acting recklessly at the time of the crash-the litigation process can easily stretch to 18 or 24 months before a trial resolves the dispute.
Frequently Asked Questions (FAQ)
What is a Low Speed Vehicle (LSV) vs. a Golf Cart?
An LSV is federally regulated, typically goes up to 25 mph, and has headlights, taillights, and seatbelts, allowing it to be driven at night in South Carolina. A standard golf cart lacks these features, cannot exceed 20 mph, and is strictly banned from night driving.
Can a passenger sue the driver of the golf cart?
Yes. If you were a passenger and the driver acted negligently-such as taking a sharp turn too fast, causing the cart to flip-you generally have the right to file an injury claim against the driver's insurance policy.
What if my child was injured driving a friend's golf cart?
If a child under 16 was allowed to drive a golf cart by the owner or another parent, that adult could be held legally liable for negligent entrustment. You should consult a lawyer immediately to protect your child's legal rights and seek coverage for medical bills.
Do I need to call the police for a golf cart accident?
Absolutely. If there are any injuries or significant property damage, you should call 911 immediately. An official police report is one of the most critical pieces of evidence your lawyer will use to prove liability to the insurance company.
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