When people are injured in car accidents, they may file insurance claims to get compensation to cover the damages. Depending on your state, you might file a no-fault insurance claim through your own policy or an at-fault claim through someone else’s. South Carolina is an at-fault state.
In no-fault states, drivers may be covered by their own insurance regardless of who caused the accident. In at-fault states like South Carolina, drivers must file third-party claims through the other driver’s insurance. They must also have some proof of the other driver’s negligence. If the other driver lacks insurance or their insurance is not enough to cover your damages, you can sue them. In some no-fault states, lawsuits are prohibited unless special conditions exist. Filing a car insurance claim in an at-fault state can be difficult, and an experienced lawyer can help you prepare.
Call (803) 219-4906 and speak to our South Carolina car accident lawyers at Rice, Murtha & Psoras to get a confidential review of your case for free.
At-Fault or No-Fault Laws in South Carolina Car Accident Claims
South Carolina is an at-fault state when it comes to auto insurance claims. While most states adhere to fault-based rules, a handful are considered no-fault states. In these states, drivers must carry insurance policies that cover them in the event of a crash. Drivers are usually covered regardless of fault, and there is no need to prove who caused the crash. In South Carolina, you may only be compensated for your damages if you present evidence of the other driver’s fault.
When filing an auto insurance claim in South Carolina, you must file through the other driver’s insurance and have evidence demonstrating that they are responsible for the crash. If the insurance company feels your evidence is insufficient, they might deny you.
People usually file claims with their own insurance only in cases where the other driver is uninsured or flees the scene. According to the South Carolina Department of Insurance (SCDOI), the law requires drivers to carry uninsured motorist insurance just in case the other driver lacks insurance or flees the scene. However, underinsured motorist insurance, which applies in cases where the other driver has insurance that is not enough to cover all your damages, is not required.
Can I Sue the Other Driver in South Carolina Under At-Fault Insurance Laws
In South Carolina, drivers generally have the option to file an injury lawsuit against the other driver. Whether or not this is necessary is a discussion to have with your attorney. If insurance is unavailable or insufficient, a lawsuit might be a viable legal option.
One of the most significant differences between no-fault and at-fault states is the ability to sue. In no-fault states, drivers may be covered by their own insurance policies no matter who is to blame, but they are often prohibited from suing unless specific circumstances exist. This rule is often designed to help reduce lawsuits that might be easily resolved with insurance.
For example, some states do not allow drivers to sue unless they have a certain type of “serious injury.” Alternatively, some states only allow drivers to sue if their medical expenses related to the accident exceed a monetary threshold set by law.
In some cases, drivers in South Carolina sue after filing insurance claims because the other driver’s policy did not cover all their damages. South Carolina requires drivers to have uninsured motorist coverage when other drivers lack insurance or leave the crash scene. However, underinsured motorist coverage, which helps you if the other driver’s insurance is insufficient, is not required. If you do not have underinsured motorist coverage, suing might be necessary to cover all your costs and losses.
How to File an At-Fault Car Insurance Claim in South Carolina
To file an insurance claim, we need the other driver’s insurance information. After the crash, get the other driver’s name and personal information. This is a key factor and is often the first thing drivers do after a collision. If you do not have the other driver’s information, filing an insurance claim might be impossible.
Some people encounter this problem in hit-and-run accidents. If the other driver fled the scene, call the police immediately. According to S.C. Code Ann. § 56-5-1220(A), the driver of a vehicle involved in an accident involving injury or death must remain at the accident scene until the authorities arrive. If they leave, they may be convicted of a misdemeanor or felony, depending on the circumstances.
Speak to a lawyer before you begin the insurance process. Drivers often avoid hiring lawyers for insurance claims because many believe that lawyers are only necessary if a case goes to court, but this is untrue. Insurance claims are notoriously complicated and frustrating, and a lawyer can help you navigate complex rules and procedures and stand up for you if the insurance companies try to deny your claim.
Abide by any filing requirements and deadlines. The insurance company usually imposes these and may vary from case to case. Contact an attorney about filing a claim as soon as possible so you do not miss important deadlines.
What Happens if the Other Driver Claims That I Caused the Car Accident in South Carolina?
Insurance companies typically adhere to the laws of comparative or contributory negligence in their respective states. For example, an insurance claim in South Carolina would follow South Carolina’s comparative negligence laws. Historically, South Carolina adhered to incredibly harsh pure contributory negligence laws. These laws forbade anyone from recovering damages if they were found to be even the slightest bit responsible for the accident. You could have been 1% at fault and the other driver 99% at fault, and you would have been barred from recovery.
In 1991, in the South Carolina Supreme Court case of Nelson v. Concrete Supply Company, the court ruled that the old contributory negligence was too harsh and that a modified comparative negligence rule was more equitable. Under this rule, a driver deemed partially responsible for a crash may still recover damages. However, their damages are reduced in proportion to their share of fault. If you are 10% responsible, your damages may be reduced by 10%. If your share of fault exceeds 50%, you may be barred from recovering any damages, even if the defendant is still somewhat responsible. The other driver might be 40% responsible, but if you are 60% at fault, you cannot recover damages.
Speak to Our South Carolina Car Accident Lawyers About Your Claims Toda
Call (803) 219-4906 and speak to our South Carolina personal injury lawyers at Rice, Murtha & Psoras to get a confidential review of your case for free.