If you are in a car accident in South Carolina, it’s important to understand that the state uses a traditional fault-based insurance system to resolve car accident claims. This means that the at-fault driver’s auto insurance usually pays for your medical expenses, lost wages, and other losses. South Carolina is not one of the states with a no-fault insurance system.
As an Indian Land car accident lawyer with over 25 years of experience, David Blackwell understands how South Carolina law applies to car accident cases and what it takes to develop a strong personal injury case. Learn more about how South Carolina’s fault system works and who pays for your losses from a collision caused by another motorist. Attorney David Blackwell is ready to help you seek personal injury settlement and guide you through the claims process.
No-Fault vs. At-Fault: What’s the Difference?
In a no-fault system, each driver’s auto insurance covers their medical treatment and other expenses, regardless of who caused the accident. The theory behind no-fault systems is that eliminating the need to prove fault can speed up the claims process and reduce the need for lawsuits.
In contrast, a fault-based insurance system, like the one in South Carolina, places responsibility on the at-fault drivers who cause car accidents. The at-fault driver’s auto insurance generally must pay for the other driver’s medical bills, vehicle damage, and other expenses after a collision. If the at-fault driver’s insurance refuses to agree to a fair settlement, the injured party may potentially sue the at-fault driver to recover compensation for their losses.
Car Insurance and Liability in At-Fault States
South Carolina law requires drivers to carry auto liability insurance to cover the other driver’s expenses if the policyholder causes an accident. If you cause a crash, your own insurance company will pay for the other driver’s medical expenses, vehicle repairs, and other related expenses.
State law establishes the following minimum levels of liability insurance:
- $25,000 in bodily injury coverage per person
- $50,000 in bodily injury coverage per accident
- $25,000 for property damage
While these are the minimum amounts of auto insurance all drivers must have, some drivers buy more coverage to protect themselves financially in case of a severe accident.
It’s important to note that liability insurance does not cover your injuries or property damage. You need additional coverage, such as collision coverage or medical payments (MedPay) insurance.
If you sustain injuries in a South Carolina car accident and the other driver caused the crash, the other driver’s insurance should cover your losses. However, if your losses exceed their policy limits, you may need to seek additional financial compensation through a personal injury claim. That’s why it’s crucial to talk with an experienced personal injury lawyer and understand your legal options.
What Happens If You’re at Fault? And If You Aren’t?
If you cause a collision in South Carolina, your liability insurance should cover the other driver’s medical bills, property damage, and other losses up to your policy limits. You should report the accident promptly to your insurance company, which will investigate and determine how to handle the claim.
If another driver caused the accident, that person’s insurance is responsible for covering your medical expenses, vehicle repairs, and any other losses. You must file a claim with the other driver’s insurance company. If the at-fault driver’s insurance doesn’t cover your expenses, a car accident attorney can file a personal injury lawsuit on your behalf and seek fair compensation for your injuries.
What If You Share Responsibility for the Accident?
South Carolina uses a comparative negligence rule to determine compensation when both drivers share responsibility for a collision. The law says that if the other driver bears most of the blame for a crash but you also contributed to the accident, any financial compensation you are awarded will be reduced in proportion to your percentage of fault. If you bear 10 percent of the responsibility for the collision, any compensation you are awarded at trial will be reduced by 10 percent.
If your share of fault for the accident is greater than 50 percent, you are barred from recovering compensation under South Carolina law. An experienced personal injury lawyer such as David Blackwell can push back against attempts by an insurance company to shift the blame after a car accident. He will seek to recover the maximum compensation possible for your losses.
South Carolina Insurance Laws
Here are the key facts to know about South Carolina’s insurance laws:
- Minimum liability coverage – All South Carolina drivers must carry auto liability insurance in case they cause a car accident. The minimum coverage amounts are $25,000 for injuries to one person in a crash, $50,000 for injuries to multiple people in a single accident, and $25,000 in property damage coverage.
- Uninsured motorist coverage required – South Carolina requires drivers insured in the state to carry uninsured motorist coverage to provide protection if they are involved in a collision caused by an uninsured driver. Drivers can also use their uninsured motorist coverage if involved in a hit-and-run crash.
- The comparative negligence rule – State law says drivers who contributed to their own injuries in a crash can seek compensation from the other driver as long as their level of fault is 50 percent or less.
Contact a South Carolina Car Accident Attorney
You shouldn’t have to worry about complex insurance laws after a collision. Your priority is to get better. David Blackwell is an experienced personal injury attorney who has helped many personal injury victims in South Carolina pursue personal injury cases after suffering serious injuries. His personal injury law firm can handle all the details of your claim while you heal. Call the legal team at David Blackwell Law today or complete our contact form for a free consultation with a South Carolina car accident lawyer.
