South Carolina's I-95 and I-26 carry heavy freight to and from the Port of Charleston, and beach traffic around Myrtle Beach on US-17 spikes every summer. South Carolina lets you recover if you are not more at fault than the other side.
Is South Carolina a no-fault state?
No — South Carolina is an at-fault state. South Carolina is an at-fault state. The driver who caused the crash — through their liability insurer — is generally responsible for the injured person's losses. You can usually file a claim with that insurer, with your own insurer, or file a lawsuit.
South Carolina does not require PIP. Uninsured motorist coverage is required.
Learn more in our guide to what a no-fault state is.
How does shared fault work in South Carolina?
South Carolina follows a modified comparative fault rule with a 51% bar. Your recovery may be reduced by your share of fault, and you generally cannot recover if you are found more than 50% responsible.
For example, if you were found 20% at fault for a crash in South Carolina, your compensation could be reduced by 20%. If your share reached the 51% bar, you could be barred from recovering from the other driver.
Read more: what comparative fault means.
How long do I have to file a car accident claim in South Carolina?
In South Carolina, the general deadline to file a personal injury lawsuit is three years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of South Carolina often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are South Carolina's minimum car insurance requirements?
South Carolina requires drivers to carry at least $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in South Carolina?
Get safe, get medical care and protect your evidence. These steps apply anywhere in South Carolina:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-26 or I-95.
- Call the police and ask how to get the crash report. South Carolina generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent South Carolina attorney before signing any release, keeping the three years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in South Carolina?
Crashes happen everywhere, but traffic is heaviest in and around Columbia, Charleston, Greenville, North Charleston, Myrtle Beach and Rock Hill. Major routes include I-26, I-95, I-85, I-20, I-77 and US-17. Our attorney-matching service covers every county in South Carolina.