A car accident can leave you dealing with injuries, vehicle repairs, insurance adjusters, and unfamiliar legal questions. Understanding South Carolina’s car accident laws can help you protect yourself and avoid mistakes that may affect your ability to recover compensation.
Here are the most important rules every South Carolina driver should know.
South Carolina uses an at-fault insurance system. This means the person who causes an accident, and typically that person’s insurance company, may be responsible for the resulting damages.
An injured person may pursue compensation for losses such as:
Establishing fault may require evidence such as the police report, photographs, witness statements, video footage, vehicle damage, and medical records.
South Carolina follows a modified comparative negligence rule. You may generally recover compensation if you were no more than 50% responsible for the accident. However, your compensation will be reduced according to your share of fault.
For example, if your damages total $100,000 but you are found 20% responsible, your recovery may be reduced to $80,000. If you are found more than 50% responsible, you generally cannot recover damages.
This rule makes it important to avoid admitting fault at the scene or giving an insurance company a recorded statement before understanding what happened.
South Carolina law requires drivers to stop after an accident involving an injury, death, or damage to an attended vehicle.
Drivers involved in the crash must exchange their:
Drivers must also provide reasonable assistance to anyone who is injured. You can review these requirements in Sections 56-5-1210 through 56-5-1230 of the South Carolina Code.
Leaving the scene without fulfilling these duties can result in serious criminal penalties.
An accident involving an injury or death must be reported immediately to the appropriate police department, county sheriff’s office, or South Carolina Highway Patrol.
If an accident results in an injury, death, or at least $1,000 in apparent property damage and is not investigated by law enforcement, the driver or vehicle owner must submit a written report and proof of insurance to the South Carolina Department of Motor Vehicles within 15 days.
Because $1,000 of vehicle damage can occur even in a relatively minor collision, calling law enforcement is often the safest approach.
South Carolina drivers must carry liability insurance and uninsured motorist coverage. The minimum liability limits are:
These limits are commonly called 25/50/25 coverage.
South Carolina also requires uninsured motorist coverage at the minimum limits. Underinsured motorist coverage is optional, but insurers must offer it. This additional protection can be valuable when an at-fault driver has insurance but not enough coverage to pay for all the damage caused.
The South Carolina Department of Insurance provides more information about required and optional automobile coverage.
In most South Carolina car accident cases, an injured person has three years to file a personal injury lawsuit. The same general deadline applies to lawsuits seeking compensation for vehicle or other property damage.
The deadline is established by South Carolina Code § 15-3-530.
However, some claims have shorter deadlines or special notice requirements. Cases involving government vehicles, minors, wrongful death, or unusual circumstances may be handled differently.
You should not wait until the deadline approaches. Evidence can disappear, witnesses can become harder to locate, and insurance companies may question why medical treatment was delayed.
If you are involved in a South Carolina car accident:
These steps can help preserve the evidence needed to support a claim.
The at-fault driver’s insurance adjuster may ask you to provide a recorded statement shortly after the crash. You are generally not required to give that insurer a recorded statement.
Adjusters may ask questions designed to minimize their policyholder’s responsibility or the seriousness of your injuries. Statements made before you know the full extent of your condition may later be used to challenge your claim.
You should cooperate with your own insurer as required by your policy, but it is still important to be accurate and avoid guessing.
Depending on the circumstances, a South Carolina car accident claim may include compensation for:
The value of a claim depends on the severity of the injuries, available insurance coverage, evidence of fault, length of recovery, and the accident’s overall effect on the injured person.
Our guide to the average car accident settlement in South Carolina explains the factors that commonly affect settlement amounts.
Insurance companies sometimes make quick settlement offers before an injured person finishes treatment. Although an early payment may be tempting, it may not account for future medical care, time away from work, or long-term limitations.
Once you accept a settlement and sign a release, you generally cannot demand additional compensation later. Before resolving your claim, make sure you understand your diagnosis, future treatment needs, and the total financial impact of the accident.
You may benefit from speaking with an attorney if:
A South Carolina car accident lawyer can investigate the crash, preserve evidence, calculate your losses, communicate with the insurance companies, and protect your rights throughout the claims process.
South Carolina’s car accident laws may appear straightforward, but disputes over fault, insurance coverage, medical treatment, and claim value can quickly become complicated.
Mastantuno Law Firm represents people injured because of negligent drivers throughout South Carolina. Learn more about our personal injury representation or contact Mastantuno Law Firm to discuss your accident.
This article provides general information and is not legal advice. Every case depends on its individual facts and circumstances.
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