How Car Accident Compensation Works in South Carolina

South Carolina is a “fault,” “at-fault,” or “tort” state for car accidents. Basically, the driver who caused the accident is the one liable for victims’ injuries and losses. South Carolina applies the “modified comparative fault” rule to financial awards. Accident fault is divided among all those involved in a crash. A person’s compensation is reduced by their percentage contribution to causing the accident. For example, if someone is 10 percent at fault in a crash, and has $100,000 in damages, their compensation would be reduced by 10 percent to $90,000.

Insurance companies know that the more they can blame the victim, the less they must pay. An experienced South Carolina car accident lawyer can protect you from taking the blame for an accident you didn’t cause. 

Every state has its own car insurance requirements. At minimum, South Carolina requires drivers to carry a 25/50/25 liability insurance plan - $25,000 per injured person per crash, $50,000 total per crash, and $25,000 for property damage. Drivers must purchase Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, as well. Here are the common types of coverage available:

• Bodily Injury (BI) pays for injuries to others due to a crash you caused. Minimum coverage is $25,000 per person per accident with up to $50,000 per crash.   
• Property Damage (PD) pays for property damage caused to others in a car accident that is your fault. The minimum is $25,000. 
• Uninsured Motorist (UM) pays for your bodily injuries and property damage if you are involved in an accident caused by an uninsured driver. The minimum is $25,000 per injured person per accident and $50,000 total per accident.

Including:  

• Collision pays to repair physical damage or replace your vehicle after an accident. Most lenders require you to carry collision coverage if you have a car loan.       
• Comprehensive pays for physical damage to your vehicle that occurred due to things other than a collision.
• Underinsured Motorist (UIM) pays for injuries and property damage if the at-fault driver does not have enough insurance to cover your damages. Insurance companies are required to offer this coverage in South Carolina, but drivers are not required to purchase it.
• Gap (Loan/lease Payoff) helps pay for the difference between your vehicle’s value and how much you still owe on it after a crash.     
• Personal Injury Protection (PIP)/Medical Payments (Med Pay) helps pay for medical expenses you incur after an accident regardless of fault. These policies pay no matter who is at fault in the crash. 
• Rental Car Reimbursement pays for a limited amount of vehicle rental and transportation expenses while your damaged vehicle is repaired.        
• Roadside Assistance (Towing and Labor) pays for costs, usually up to a specific limit, if your vehicle becomes disabled on the side of the road, aka towing and labor coverage. 

An experienced South Carolina car accident lawyer knows how to calculate your losses at the highest value and aggressively negotiate for maximum compensation. When the insurance company tries to lowball settlement offers they push back and demand more.

Yes, though this may not be necessary. Most car accidents can be settled between the insurance company and your attorney without filing a lawsuit. However, there are scenarios when a car accident lawsuit should be considered. These include:

• Damages exceed policy limits. Injured car accident victims can sue at-fault drivers if their expenses and losses are greater than the maximum policy limits of available insurance.
• A settlement cannot be reached. If the insurance company won’t make you a substantial settlement offer, your attorney can file a lawsuit that demands the compensation you deserve.    

In general, you have 3 years from the date of your accident to file a South Carolina car accident injury claim or lawsuit. If the statute of limitations expires, your claim can be dismissed. An attorney can assess the circumstances of your case and ensure you adhere to the legal standards and deadlines necessary for a successful injury claim.

Injury type and severity, your wages, and fault are some of the top factors considered when calculating car accident compensation. Two types of financial damages are typically available – economic and non-economic.

• Economic damages are losses with a defined value like medical bills, lost wages, physical therapy, and out-of-pocket injury-related expenses.   
• Non-economic damages are losses that don’t have a predetermined value. These are things like pain and suffering, mental anguish, loss of enjoyment in life, and embarrassment.   

Punitive damages are rarely awarded but are a possibility for victims of extremely negligent or reckless drivers. This money is in addition to the victim's economic and non-economic compensation. Punitive damages are meant to punish the egregious driver and deter others in the community from doing the same thing. In South Carolina, you can file for punitive damages but not for a specific amount. 

A knowledgeable South Carolina car accident attorney can identify liable parties and work hard to hold them accountable for the harm and suffering they have caused. If you were injured, your lawyer can advise you on your options and calculate a compensation package that places the highest value on your health and comfort.

What if the other driver doesn’t have insurance?  

South Carolina requires UM. Therefore, if the driver that hit you is uninsured, you'll most likely submit a first party insurance claim to your insurance provider. This type of insurance also applies to hit-and-run incidents and "phantom vehicle" collisions where the driver is never found.

An experienced South Carolina car accident lawyer understands what it takes to win maximum compensation for injured victims. They know the stakes are high for you and that’s why they fight aggressively to get you every dollar you deserve. Car accident attorneys work on contingency. Therefore, there is no upfront expense for their services. And if they don’t win, you don’t pay. If you were injured in a South Carolina car accident, contact an attorney for a free consultation today.