South Carolina’s car accident laws use an at-fault system to determine liability. If someone is 51% or more at fault for an accident, they cannot recover compensation. Vehicle owners must maintain minimum car insurance amounts. Mandatory insurance covers at-fault personal injury, property damage, and losses involving an uninsured driver.
Our experienced Greenville car accident lawyer at Bobby Jones Law explains South Carolina car accident laws.
At-Fault vs. No-Fault: How SC Determines Liability in Crashes
Car accident laws in South Carolina begin with what rights someone has when they are in a car accident. You may have heard the terms at-fault state and no-fault state.
Laws on car accidents in South Carolina are at-fault laws.
In a state with at-fault laws, the party that is responsible for causing the accident is liable to pay compensation. Even if the victim suffers only a small amount of damage, they may seek compensation from the responsible party.
What is fault based on in SC car accident laws?
Most often, fault for an SC car accident is based on negligence. Usually, that means a driver violated a traffic law. It may also mean a vehicle defect or road deterioration. A claim can be based on reckless driving or intentional acts, such as road rage.
One party may be entirely at fault. Fault may be split among multiple parties.
If a party is at fault, meaning they caused an accident, they are liable to pay compensation for damages under SC car accident laws.
Contrast with no fault
In states using a no-fault system, fault isn’t considered except for the most serious accidents. In no-fault states, vehicle owners must purchase insurance that covers them regardless of who is at fault. When an accident occurs, each party looks to their insurance to claim compensation. The responsible party is liable to pay compensation to victims only when injuries are extremely serious or permanent.
SC is an at-fault state. In SC, if the victim has mild, moderate, or severe injuries, they may seek economic and non-economic damages through insurance and other sources of compensation.
What Is the Statute of Limitations for Car Accident Claims in SC?
The statute of limitations for car accident claims in SC is three years.
- Three years is the deadline to formally file in court. Talking to the insurance company, even in writing, isn’t enough to start the case and preserve your rights.
- Once you file the case, the amount of time the case takes can vary. There will be court dates and deadlines to meet as the case progresses. But for the statute of limitations, actually starting the case is what matters.
- If you miss the deadline, the defense can ask the court to dismiss the case. The court will likely dismiss it, even if it’s a strong case.
- It’s important to contact an attorney as soon as possible after an accident. An attorney can help you work quickly and meet deadlines.
In wrongful death claims, the statute of limitations starts running from the date of death and not the date of the accident.
Note: For claims against government defendants, the statute of limitations is shortened to two years. A verified claim for damages may extend the deadline.
Minimum Insurance Requirements for South Carolina Drivers
South Carolina car insurance requirements are:
- $25,000 liability per person
- $50,000 liability, total per accident
- $25,000 property damage
- Uninsured coverage, in at least minimum amounts, subject to a deductible
South Carolina vehicle owners must have car insurance. This insurance covers accident fault.
Mandatory insurance also covers property damage, which is usually vehicle damage. Uninsured coverage is mandatory in South Carolina, and at least the same minimum amounts as liability.
How Comparative Negligence Affects Compensation in SC
Comparative negligence is when more than one party is at fault for an accident. For example, one party was speeding, but another changed lanes improperly.
Sometimes, both parties are equally at fault. Other times, one party is primarily at fault. Comparative negligence assigns a percentage of fault to each party and compensates victims for their respective losses.
For example, if someone has $30,000 in damages from a car accident and is 20% at fault, their compensation is reduced by 20%, or $6,000. The person may recover $24,000 from the party at fault.
Unless the parties settle, the finder of fact—the judge or jury—decides the percentage of fault.
South Carolina imposes a complete bar to compensation when a party is 51% or more at fault.
When You Must Report a Car Accident in South Carolina
South Carolina car accident laws create reporting requirements.
Who must report? The owner or operator of a motor vehicle must report. Others may report.
What to report? Accidents causing injury or death.
How to report? Immediately, by the quickest means of communication.
What if the accident is not investigated by the police?
If a car accident is not investigated by the police, South Carolina car accident reporting laws require the driver or owner of the vehicle to file FR-309 to self-report. The form must be filed within 15 days of the collision. FR-309 is required for accidents involving injury, death, or apparent damage of $1,000 or more.
It’s always best to err on the side of calling the police after a car accident.
What To Do Immediately After a Car Accident Under SC Law
SC car accident law requires drivers in an accident to stop their vehicle at the scene or as close to it as possible. They must remain at the scene to fulfill legal requirements.
Drivers must provide their name, vehicle registration, and license to vehicle drivers, occupants, and anyone struck by a vehicle. The driver must render aid to anyone injured, including arranging for medical care.
If the accident involves property damage only or if there is a disabled vehicle, the driver must make reasonable efforts to move the vehicle from the roadway.
Call 911 if anyone may be injured.
Contact an Experienced Car Accident Lawyer
If you have been in a car accident, work with an experienced car accident lawyer who knows South Carolina car accident laws. Contact Bobby Jones Law today.
