Following a car accident someone else caused in South Carolina, you may wonder: “Is South Carolina a No-Fault State?“
South Carolina is a tort liability state or at-fault state. This means the person responsible for the car accident is the person who holds financial responsibility.
Understanding how fault works is critical if you plan to pursue compensation after a car accident.
If another driver’s negligence caused a car wreck that injured you or a loved one in South Carolina, contact an experienced car accident attorney right away to discuss your rights and options to seek compensation during a free consultation.
South Carolina Auto Insurance Requirements
Year after year, South Carolina ranks as one of the most dangerous states for drivers. A recent report from Insurify found that 12 percent of all drivers in the state have an at-fault accident on their record (that’s 37 percent higher than the national average).
To help protect drivers, South Carolina has set minimum insurance requirements for all drivers, including:
| Insurance Requirement | Description |
|---|---|
| Liability Insurance | All drivers must carry a minimum of $25,000 per person/ $50,000 per accident in bodily injury damage. Additionally, all drivers must maintain at least $25,000 of coverage for physical damage. |
| Uninsured/Underinsured Motorist Coverage | South Carolina requires insurance providers to offer UI/UIM insurance. However, the law does not require drivers to accept this coverage. |
If you are in a motor vehicle accident, speaking to an experienced car accident attorney who can help guide you through the next steps is imperative.
Your legal rights after a South Carolina car accident
Knowing your rights can help ensure you get the help you need and have access to the resources that will help you through your recovery.
Following an accident, money can be a very real concern. It’s only natural to wonder how you will pay for mounting medical bills and be able to afford to take time off of work.
Under the law, you may pursue reasonable damages from the at-fault driver. Damages may include:
Medical bills
Many accident victims put off necessary medical care because they worry about treatment costs.
Specific costs can vary from case to case and by the car insurance company but often include office visits, hospital stays, surgeries, medication, medical devices, and rehabilitation.
Lost wages
You should never feel like you have to return to work too soon because you are worried about money.
A personal injury suit can help you recover lost wages beginning the day of the accident and ending when you can return to work.
Pain and suffering
Pain and suffering is a variable cost that covers an accident’s physical, mental, and emotional toll.
In addition to immediate and long-term pain, it is not uncommon for accident victims to suffer from depression, anxiety, or PTSD.
What should I do after a car accident in SC?
If you are involved in a car accident in South Carolina, follow these steps:
| Step | Action |
|---|---|
| Step 1: Check for Injuries | Ensure that you and your passengers are safe. Call 911 if anyone is injured or if there is significant property damage. |
| Step 2: Move to a Safe Area | If possible, move your vehicle to the side of the road or a safe location to avoid further accidents. |
| Step 3: Call the Police | South Carolina law requires you to report any accident that results in injury, death, or property damage of $1,000 or more. |
| Step 4: Exchange Information | Share your name, contact information, insurance details, and vehicle information with the other driver(s) involved. Also, obtain their information. |
| Step 5: Document the Accident | Take photos of the damage to the vehicles, the accident scene, and any visible injuries. Write down the time, date, location, and weather conditions at the time of the accident. |
| Step 6: Gather Witness Information | If there are witnesses, ask for their names and contact information. |
| Step 7: Notify Your Insurance Company | Contact your insurance provider as soon as possible to report the accident and start the claims process. |
| Step 8: Seek Medical Attention | Even if you don’t feel injured, it’s essential to get a medical evaluation to rule out any hidden injuries and to create a record of your condition after the accident. |
| Step 9: Consult an Attorney | If you have been injured or there is a dispute about who is at fault, consider consulting with a personal injury attorney who can help protect your rights and guide you through the legal process. |
Never admit fault or apologize at the scene of the accident, as this may be used against you later in legal proceedings or insurance claims.
Do I need an attorney to recover damages after an accident?
Because South Carolina is not a no-fault state, your insurance will not help cover the cost of your injuries following an accident. You must submit a claim to the other party’s insurance company to recover any financial compensation. While this is possible without an attorney, it is rarely a good idea.
The number one priority for the insurance company is its bottom line. The less they can get away with paying you, the higher their profits are at the end of the year.
When you work with an experienced car accident attorney, they only have your interest in mind. Your recovery and protecting your future are what matters the most. A skilled attorney will be able to combat the tactics of the other party’s insurance company and help you fight for what you deserve.
FAQ
Take a look at some additional frequent questions most people have.
Q: What is the difference between an at-fault state and a no-fault state?
A: In an at-fault state, the driver responsible for the accident is financially liable for damages.
In a no-fault state, each driver’s own insurance covers their injuries, regardless of who caused the accident. South Carolina is an at-fault state.
Q: How long do I have to file a car accident claim in South Carolina?
A: In South Carolina, the statute of limitations for filing a car accident claim is typically three years from the accident date.
After this period, you may lose your right to seek compensation.
Q: Can I still recover compensation if I was partially at fault for the accident?
A: Yes, South Carolina follows comparative negligence.
You can recover compensation if you’re less than 51% at fault. However, your award may be reduced based on your percentage of fault.
Q: What happens if the at-fault driver has no insurance?
A: If the at-fault driver is uninsured, you may file a claim under your own uninsured motorist coverage.
South Carolina law requires insurers to offer this coverage, but it’s optional for drivers to accept it.
Q: What should I do if the police report is incorrect?
A: If the police report is incorrect, you can file an amendment with the police department.
You may also gather additional evidence (witnesses, photos) and share this with your attorney to help correct the report.
Q: How long does it take to settle a car accident claim in South Carolina?
The time to settle a car accident claim can vary, but typically it takes several months to a year, depending on the complexity of the case, the severity of injuries, and whether the claim goes to court.
Know what you deserve. Fight for what’s right
When an accident is not your fault, you shouldn’t have to stress about what comes next.
Some laws can protect you and help ensure you and your family have what you need.
To learn more about your legal rights or to open a car accident case, contact an experienced personal injury lawyer in Myrtle Beach, SC.
