Car accident laws vary by state. Some states are at-fault states, while others are no-fault. You need to know if South Carolina is an at-fault state. Our experienced Greenville car accident lawyer at Bobby Jones Law explains.

What Does “No Fault” Mean in Car Accident Law?

No fault is a system for car accident compensation that does not consider who is at fault for an accident. For accidents resulting in mild or moderate injuries, each party looks to their own insurance to collect monetary compensation. Even if the other party is 100% at fault for causing the car accident, the injured person must collect compensation through their own insurer.

No-fault car accident laws usually come with insurance mandates. Every vehicle owner must have car insurance to pay for accident compensation.

Plus, there are usually exceptions when injuries are serious. If injuries meet a severity threshold, then the injured person may seek compensation from the responsible party, even in the no-fault system.

Is South Carolina a No-Fault or At-Fault State?

South Carolina is an at-fault state for car accidents.

In South Carolina, it doesn’t matter if the person’s damages are $1 or $1 million. The injured person can look to the responsible party and their insurance to pay compensation for car accident damages.

South Carolina uses modified comparative negligence.

How South Carolina’s At-Fault System Works After a Car Accident

When an accident occurs in South Carolina:

First, report the accident to law enforcement. Parties should exchange the required information. Call medical responders to help anyone injured.
The parties report the accident to their insurance.
The parties contact the at-fault driver’s insurance company to notify them of the claim.
Investigate the fault for the accident.
Determine injuries, damages, and the value of the case. Damages may include economic and non-economic losses, including pain and suffering.
Make a claim for compensation to the at-fault driver’s insurance company.
If you’re unable to negotiate compensation through insurance, you may file a legal claim against the responsible parties.

Even though the other party is liable to pay compensation, your own insurance may provide collision coverage if you’re at fault.

Uninsured/underinsured coverage may provide compensation if the at-fault driver doesn’t have enough insurance.

What Is Comparative Negligence and How Does It Affect SC Car Accident Claims?

Comparative negligence is a legal doctrine that holds that more than one party contributed to a car accident. For example, one party was speeding, and the other made an improper lane change, resulting in a crash.

At-fault states address shared fault in different ways. In some states, such as North Carolina and Alabama, if an injured party has any fault, however minor, they can’t collect compensation from anyone else. Even if the other person is 99% at fault, and the injured person is only 1% at fault, the claim is barred. In other states that use pure comparative negligence, a person who is 99% at fault could, in theory, collect some compensation from someone else who is 1% at fault for the claim.

South Carolina’s modified comparative negligence uses a different system. Shared fault matters, but it considers who is mostly at fault. If a person shares fault for a car accident, their compensation is reduced by their percentage of fault. But if the person is 51% or more at fault for the accident, they receive no compensation.

How Fault Is Determined in a South Carolina Car Accident Case

Fault in a South Carolina car accident case is determined by negligence. Negligence is a legal term that means what’s reasonable. Each driver, and even pedestrians, must do what’s reasonable to be safe on the roads. If a person does something unreasonable, such as speeding, making an unlawful lane change, following too closely, or driving distracted, they may be at fault for a car accident.

Fault is determined on an individual basis in each case.

How South Carolina’s Fault System Affects Your Insurance Claim

South Carolina’s fault system affects your insurance claim in several ways. It’s important to:

Gather evidence to prove fault.
Refute claims of comparative negligence.
Provide relative degrees of fault when modified comparative negligence is an issue.
Fully value pain and suffering compensation.
Purchase insurance that meets your needs, considering the modified comparative fault system.

With a modified comparative negligence system, arguing degrees of fault may be especially important. At 50% fault, a person still receives significant compensation. At 51%, the person receives nothing. Arguing this distinction can be key to compensation.

Because of SC at-fault state laws, the victim doesn’t have to meet a serious injury threshold. Of course, proving the full impact of the injuries is important, but the injured person doesn’t have to worry about meeting a threshold to proceed with the case.

Does South Carolina Require Uninsured Motorist Coverage?

South Carolina requires uninsured motorist coverage.

More from Bobby Jones Law: Uninsured Motorist Accident Attorney

How the At-Fault System Affects Car Accident Settlement Amounts in Greenville

The at-fault system affects car accident settlement amounts in Greenville in several ways:

Even a person with mild or moderate injuries may qualify for a third-party award.
Proving fault, and the specific degree of fault, is more important in South Carolina than it might be in no-fault states.
The threshold of injury is not critical in an at-fault state, like it is in a no-fault state.
When there is a serious question of modified comparative negligence, around the 50-51% liability mark, it can impact whether you want to settle for a lower amount or take the risk and go to trial.

Sound legal representation can be especially important. A lawyer can offer honest legal advice, address the key issues, and represent your interests.

Why You Need a Greenville Car Accident Attorney to Protect Your Fault Claim in SC

When you’re injured in a car accident, you need compensation. With South Carolina’s at-fault car accident laws, you must prove your case. A Greenville car accident attorney can protect your claim.

Bobby Jones Law is an experienced and accomplished car accident attorney. We’re taking new clients in Greenville, SC, and the surrounding areas. Call or message us now.