Were you recently injured in a car accident? You may be wondering who pays for your damages. The answer depends on whether your state uses a no-fault or at-fault insurance system. South Carolina follows the at-fault system. This means the driver who caused the crash is responsible for paying damages.
Understanding how fault works is critical for your claim. It affects how you file for compensation and who pays your bills. At Klok Law Firm LLC, we help accident victims navigate these complex rules. Call us today at 843-701-1695 for a free consultation.
What Does At-Fault Mean in South Carolina?
In an at-fault state, the driver who causes an accident bears financial responsibility. Their insurance company must pay for the victim’s medical bills, lost wages, and property damage. South Carolina law requires all drivers to carry liability insurance for this reason.
The South Carolina Department of Insurance confirms that the state uses a tort liability system. When you suffer injuries in a crash, you can seek compensation from the at-fault driver. You may file a claim with their insurance company or pursue a lawsuit.
How Does a No-Fault System Work?
No-fault states handle car accidents differently. In these states, each driver files a claim with their own insurance company. It does not matter who caused the crash. Personal Injury Protection (PIP) coverage pays for medical expenses regardless of fault.
No-fault systems limit your ability to sue the other driver. You can only file a lawsuit if your injuries meet certain thresholds. These may include permanent injuries or medical expenses exceeding a specific amount. South Carolina does not follow this approach.
South Carolina’s Minimum Insurance Requirements
State law requires every driver to carry liability insurance. According to South Carolina Code §38-77-140, the minimum coverage limits are:
- $30,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $30,000 for property damage per accident
This is often called 30/50/30 coverage. South Carolina also requires uninsured motorist coverage at the same limits. This protects you if a driver without insurance causes your accident. Many drivers choose to purchase additional protection beyond these minimums. Learn more about your options in our guide to full coverage car insurance in South Carolina.
How Fault Is Determined After an Accident
Insurance companies investigate accidents to determine fault. They review several types of evidence to make this decision. Police reports often provide crucial details about what happened. Witness statements can confirm or contradict driver accounts.
Other evidence may include traffic camera footage, photos from the scene, and vehicle damage patterns. Modern cars also contain event data recorders. These “black boxes” can show speed, braking, and other information from the moments before a crash.
Modified Comparative Negligence in South Carolina
What if both drivers share fault for an accident? South Carolina uses modified comparative negligence to handle these situations. You can still recover compensation if you were partially at fault. However, your percentage of fault reduces your recovery.
There is an important limitation to keep in mind. You cannot recover any compensation if your fault exceeds 50 percent. For example, if you were 30 percent at fault and your damages total $100,000, you would receive $70,000. But if you were 51 percent at fault, you would receive nothing.
Filing an Insurance Claim After Your Accident
After a crash in South Carolina, you will file a third-party claim. This means you make your claim against the at-fault driver’s insurance company. The process begins when you report the accident to their insurer. An adjuster will then investigate your claim. Understanding insurance companies’ role in auto accidents can help you navigate this process more effectively.
Be cautious when speaking with insurance adjusters. They often try to minimize claim payouts. You should avoid giving recorded statements without legal advice. A personal injury lawyer can handle communications with the insurance company on your behalf.
Statute of Limitations for Car Accident Claims
South Carolina sets strict deadlines for filing lawsuits. Under SC Code §15-3-530, you have three years from the accident date to file a personal injury lawsuit. Missing this deadline usually means losing your right to compensation.
Different rules apply when government vehicles are involved. Claims against state or local government entities must be filed within two years. These cases also have special notice requirements under the South Carolina Tort Claims Act.
What Compensation Can You Recover?
Accident victims in at-fault states can seek various types of damages. Economic damages cover your measurable financial losses. These include medical bills, lost wages, and property repair costs. Future medical expenses and lost earning capacity may also apply.
Non-economic damages address intangible harms. Pain and suffering, emotional distress, and loss of enjoyment of life fall into this category. The value of these damages depends on the severity and lasting effects of your injuries.
Why You Need a Personal Injury Lawyer
Insurance companies have teams of adjusters and lawyers protecting their interests. They may use various tactics to reduce or deny your claim. Having legal representation levels the playing field. Research shows that accident victims with lawyers often receive higher settlements.
An experienced attorney gathers evidence to prove the other driver’s fault. They calculate the full value of your damages, including future losses. Your lawyer also handles negotiations with the insurance company. If necessary, they can file a lawsuit and represent you in court.
Contact Klok Law Firm LLC Today
Understanding South Carolina’s at-fault system is the first step toward recovering compensation. You deserve experienced legal guidance to protect your rights. Klok Law Firm LLC has the knowledge and dedication to fight for your fair recovery.
Do not let the insurance company take advantage of you. Call (843) 216-8860 today for a free consultation. You can also email us at rklok@kloklaw.com. We are ready to help you pursue the compensation you deserve.