South Carolina is not a no-fault state. Like most states in the country, South Carolina uses the at-fault system. You can seek compensation for your losses by filing a claim with the responsible party’s insurance company. That said, factors like whether you purchased certain optional coverages can influence how you may seek compensation.
What Are South Carolina’s Minimum Insurance Coverage Requirements?
According to the South Carolina Department of Insurance (SCDOI), the minimum liability and uninsured motorist insurance requirements for drivers in the state are:
- $25,000 in bodily injury coverage per person
- $50,000 in bodily injury coverage per accident
- $25,000 in property damage coverage per accident
This insurance covers damage the policyholder causes to others. It allows car accident victims to pursue compensation through insurance claims.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage covers losses resulting from a car crash when the driver who caused it doesn’t have insurance. It may also apply when a negligent driver causes a wreck and flees the scene. Uninsured motorist coverage is a requirement in South Carolina. The required limits are the same as liability insurance (25/50/25).
What Is PIP, and Is It Required in South Carolina?
Personal injury protection (PIP) is a form of insurance that motorists often must purchase in no-fault states. In a no-fault state, a driver’s PIP insurance is responsible for compensating them after a crash. This is the case even if they are not the at-fault driver.
Drivers in South Carolina don’t have to purchase PIP. However, they may have the option to add it to their policies.
How Do You Prove Who Was At Fault in an Accident?
If someone else caused the accident, their liability insurance should cover your resulting losses. But to secure that compensation, you must prove that the driver was at fault for the accident. Doing so will take evidence like:
- Police reports
- Eyewitness testimony
- Photos of the accident scene
- Video footage from traffic or security cameras
- Accident debris and other physical evidence
- Crash reconstruction reports
Gathering all the evidence you need to prove the other driver’s fault may require a thorough investigation of the crash. A skilled lawyer can handle the investigation on your behalf, allowing you to focus on recovering from your car accident injuries.
What Is “Modified Comparative Negligence”?
South Carolina’s modified comparative negligence law allows injured parties to seek compensation even when their own negligence plays a role. The degree to which they were at fault will determine how much compensation they’re eligible to recover. If they are more than 50 percent to blame, they are not eligible for compensation at all.
There are scenarios where an injured party may have contributed to a crash, even if they aren’t primarily responsible. For example, maybe a driver rear-ended you because they were tailgating you. However, you contributed to the crash because you braked suddenly when you thought you saw a hazard in the roadway that was not actually there. Both you and the other driver were injured.
A court may determine that you’re 10 percent responsible for the injuries you suffered as a result. Under South Carolina law, this will impact the amount of compensation you may be eligible to receive.
Let’s say the total compensation you could have received if the other driver was solely to blame was $50,000. Because you were 10 percent responsible for the crash, the most money you could receive would be $45,000. The other driver, who was 90 percent at fault, cannot recover any money from you.
How Do I File a Claim Against the Other Driver?
The exact steps for filing a claim can vary from one insurance company to another. Contact the at-fault driver’s provider to learn what’s required of you. In some cases, filing a claim involves mailing it in with supporting documentation and evidence, such as copies of your medical bills. Some insurance companies may allow you to create an account on their website to submit a claim through a digital portal.
Consider reviewing your case with an experienced car accident attorney before working with the insurance company. If you work with an insurance adjuster directly, they may try to convince you to settle for less-than-fair compensation. Or they might listen to what you say with the goal of twisting your words to justify offering less compensation than you may be seeking. An attorney can protect your rights and demand the full financial recovery you are owed.
What Compensation Could I Be Owed in a Car Accident Claim?
Depending on the circumstances, you could be entitled to compensation for your:
- Medical bills
- Incidental expenses
- Lost wages
- Pain and suffering
- Reduced quality of life
- Property damage
A South Carolina car accident attorney can help you secure the evidence you need to support the full extent of your losses. They will also calculate an amount that fully compensates you for what you have suffered.
What Is the Statute of Limitations for Filing a Car Accident Claim in South Carolina?
The statute of limitations for filing a personal injury lawsuit in South Carolina gives you three years from the date of the crash. You will waive your right to compensation if you don’t file a lawsuit by the deadline. If you think you have a valid case, don’t wait to contact a lawyer. Delaying too long could jeopardize your odds of receiving compensation.
Contact a South Carolina Car Accident Lawyer
Don’t take on the aftermath of a collision alone. Instead, turn to an experienced car accident lawyer with McKinney, Tucker & Lemel, LLC to help you demand fair compensation from the at-fault driver. Let’s review your situation in detail during an initial consultation.
