Is South Carolina a No-Fault State for Car Accidents?

Posted on June 26, 2024 in Personal Injury

The patchwork of auto insurance laws in the United States often creates confusion for drivers, particularly if they’re new residents or are visiting from out of state.

If you’re new to the Palmetto State, you might wonder: Is South Carolina a no-fault state? The answer is no. Like most states, South Carolina uses a fault-based insurance system for car accidents. Here’s what that means for you as a driver.

No-Fault vs. Fault-Based Systems

After an accident, drivers in a no-fault state file claims with their own insurance company, no matter who caused the crash. Each driver’s insurance policy covers their own medical bills and certain other costs up to the limits of their policy. The no-fault system prevents lengthy negotiations to determine liability for injuries sustained in a car crash.

In a fault-based system like South Carolina’s, the driver who caused the accident is considered “at fault” for the accident, meaning their liability insurance provider must pay for any injuries, lost income, pain, suffering, vehicle damage, and other losses the at-fault driver caused, up to their policy limits. Disputes over who was to blame for an accident can sometimes complicate the process of securing fair compensation in an at-fault state.

How Is Responsibility Determined After a Car Accident in South Carolina?

After an accident in South Carolina, the involved car insurance companies will investigate to determine whose policyholder is to blame. To come to this determination, they’ll review evidence like:

• Police reports – These documents detail the officers’ findings at the accident scene, including statements from drivers and witnesses.
• Photos and videos – Photographic or video evidence of property damage, road conditions, and the accident scene provides an unbiased look at what happened.
• Witness statements – Accounts from impartial bystanders who saw the accident happen can corroborate or contradict a driver’s versions of events.
• Vehicle data – Information from event data recorders or “black boxes” in modern vehicles can show a car’s speed, braking, and other factors.
• Expert analysis – Accident reconstruction experts can analyze evidence to determine vehicle speeds, driver response times, and the sequence of events in a crash.

What If You Are Partially at Fault in South Carolina?

South Carolina follows a modified comparative negligence system, which allows many injured parties to recover compensation even when they are partially to blame for an accident. Under comparative negligence, you can still get paid after a car accident in South Carolina as long as your share of fault for the collision is 50 percent or less. However, if your negligence did contribute to the cause of the crash, your compensation is reduced by your degree of fault.

Insurance companies make settlement offers based on what they think would happen in court. If the other driver’s insurer tries to say you’re partially to blame for the accident, you can fight back with the help of an experienced car accident lawyer.

Talk to Our Experienced South Carolina Car Accident Lawyers Today

So, is South Carolina an at-fault state? The answer is yes, South Carolina is an at-fault state. If you’ve been hurt in a car accident, you need legal help to secure the money you deserve from the at-fault driver’s insurer. The Melonakos Law Firm is ready to help you demand maximum compensation for your injuries.

Contact us today to get started with a free consultation.

Michael Melonakos

Michael, a lawyer who honed his skills at premier Atlanta insurance defense firms, specializes in cases involving trucking, auto, and premises liability, adeptly representing both local and national clients.