Is South Carolina a No-Fault State?
South Carolina follows a traditional at-fault insurance system rather than a no-fault one. People injured in a traffic accident initially seek compensation through the insurance policy of the driver who caused the crash or any other parties who contributed to the accident and injuries, not their own policy.
Insurance and liability rules vary from state to state, and they impact how car accident claims proceed from one jurisdiction to the next. For instance, the laws in Rock Hill are not the same as those just across the border in Charlotte.
At Elrod Pope Accident & Injury Attorneys, we believe it’s important to learn more about South Carolina auto insurance laws, the at-fault system, and other key rules so you can know how to protect your rights.
What Are South Carolina’s Auto Insurance Laws?
South Carolina requires all drivers to carry minimum liability insurance to ensure basic financial protection after an accident. The SC mandatory auto insurance limits are as follows:
- $25,000 per person bodily injury
- $50,000 per accident bodily injury
- $25,000 property damage
Unfortunately, these limits often fall short when collisions are severe. If you find yourself in this situation, you can pursue additional compensation through other avenues, including lawsuits or uninsured/underinsured motorist (UM/UIM) coverage. Your car accident attorney at Elrod Pope can help you explore all potential sources of recovery.
How Is Fault Determined After a South Carolina Car Accident?
Determining fault in a car accident requires a detailed investigation. Depending on the nature of the accident, your car accident attorney might look at the following types of evidence:
- Police reports
- Witness testimony
- Accident scene photos and videos
- Vehicle damage
- Evidence of traffic violations
- Accident reconstruction analysis
When you work with Elrod Pope, your attorney will launch a detailed investigation to determine how the crash happened, who was to blame, and who they can hold accountable for your injuries.
What Are the Advantages of South Carolina’s At-Fault System?
South Carolina’s at-fault system gives car accident victims several important advantages, such as the following:
- Compensation from negligent parties – You can pursue compensation from the driver and/or other parties who caused your injuries, allowing you to hold them accountable and seek a recovery for your losses.
- Not limited to your own policy – No-fault states restrict claims to your insurance policy in many situations. South Carolina car accident liability laws do not impose these restrictions.
- Can recover all economic damages – In most states, a no-fault compensation claim, such as a personal injury protection (PIP) claim, doesn’t necessarily cover the full extent of your financial losses, while at-fault allows you to pursue full compensation.
- Can recover pain and suffering – Our state’s at-fault system allows you to seek compensation for the personal harm you’ve suffered, including pain, suffering, emotional distress, and loss of enjoyment of life.
Are There Disadvantages to South Carolina’s At-Fault System?
The at-fault system can also create difficulties when seeking compensation. For example, an injured party must prove that someone else is responsible for their injuries to receive compensation, which can be challenging. The investigation process takes time, and gathering and presenting the necessary evidence can require the help of a skilled car accident attorney like one at Elrod Pope.
At-fault systems provide more comprehensive coverage, but it can take time to receive the coverage, particularly if negotiations stall or the case must go to court. Victims in no-fault states often receive their PIP benefits quickly.
Also, our state’s modified comparative negligence rule could reduce your payout if insurance companies successfully shift fault to you. Your experienced attorney at Elrod Pope will know how to counter these tactics. Still, you must act quickly and consult a lawyer as early as possible after a crash.
What Happens If You Are Partially At-Fault for the Accident?
Under South Carolina’s modified comparative negligence rule, you can still recover compensation for an accident you contributed to, provided a court finds you to be less than 51 percent at fault. However, your recovery will decrease based on your percentage of fault.
For example, if a court awards you $100,000 in compensation and finds you 20 percent at fault for the accident, your compensation will decrease by that 20 percent, and you will ultimately recover $80,000.
What If the At-Fault Driver Is Uninsured?
Uninsured drivers can present significant challenges when seeking compensation. Still, you have options. South Carolina requires all insurers to provide uninsured motorist (UM) coverage. So, if you carry auto insurance, you should have it. UM coverage can provide compensation when the at-fault driver carries no insurance.
What Types of Damages Can You Seek from a South Carolina Car Accident?
A successful car accident claim can provide compensation for all physical, emotional, and financial harm you’ve suffered. The most common forms of compensation include the following:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage, such as vehicle repair/replacement
Insurance companies often push quick, low settlements, hoping you’ll accept before you understand the full extent of your injuries. You should always allow an experienced attorney at Elrod Pope to assess your damages before accepting any settlement.
How Long Do You Have to File a Car Accident Lawsuit in South Carolina?
South Carolina law limits the amount of time you have to file a car accident lawsuit. Under most circumstances, you have three years from the date of the accident to file. If you miss this deadline, courts will likely throw your case out, and you will permanently lose your right to recover compensation. Early legal action protects you from missing critical deadlines and allows your car accident attorney to build the strongest case possible.
Contact a South Carolina Car Accident Lawyer
For over 45 years, Elrod Accident & Injury Attorneys has built a reputation based on trust, compassion, and real results. We proudly protect the rights of injury victims in South Carolina, and we’ve recovered millions in settlements and verdicts for them.
Many of our former clients have shared their appreciation for the quality of the services we provide through heartfelt testimonials, such as Jonathan Taylor, who writes:
“My son [a minor] was involved in a car accident which he was not at fault. Fortunately, his injuries were minor, though his truck was destroyed. Zach and Christine did an amazing job of getting us a settlement which exceeded our expectations and did so in a very timely manner.”
If you’ve suffered injuries in a car accident caused by someone else’s careless or reckless actions, our team can help. We’ll fight for the accountability and compensation you deserve while you focus on recovery. Contact us today for your free consultation.
