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South Carolina is not a no-fault state for vehicle accidents. Instead, it follows an at-fault model with comparative negligence. This means that so long as your percentage of fault is below 50 percent, you can file a claim against the driver who caused your accident.
This starkly contrasts with no-fault states. In those states, for most accident claims, you go through your own insurance policy to get the money you need for damages. Only in rare cases can you sue the other driver for damages.
In South Carolina, as long as you have strong evidence for your accident claim, you can file a claim to win financial compensation. Working with our Summerville car accident lawyers can help you gather the evidence and persuasive power to win your at-fault case.
What Exactly Are No-Fault Laws?
In a state that has no-fault laws, neither party is responsible for each other’s damages. If you enter into an accident, regardless of who was at fault, both parties pay for their own damages through the personal injury protection on their insurance. This system was put in place mainly to save time for the courts, but it can hurt your chances of getting a fair settlement.
A handful of states require no-fault insurance claims for car accidents, including:
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Puerto Rico
- Utah
No-fault laws apply to your car accident if you reside in one of these states or territories. You will have to pay for your own damages through your insurance policy.
Why Is Fault Important in a Car Accident Case?
Fault is crucial because it’s what you prove to show that you aren’t liable for your damages. Even if you know your accident wasn’t your fault, you must prove it during negotiation or trial. Insurance companies aren’t on your side. They’ll often challenge your claims to avoid paying the total compensation you deserve.
In a no-fault state, victims do not have to prove fault. Instead, it’s almost always a negotiation between the victim and their own insurance company. There is no at-fault driver. Personal injury lawyers in these states help injured parties convince insurers to pay for accident injuries.
When it comes to no-fault laws, this entire process doesn’t apply. The fault isn’t as important as your personal insurance policy. The courts only involve themselves with car accident cases if they fit specific criteria unique to each state.
South Carolina’s Insurance Requirements
South Carolina requires all drivers to carry auto liability insurance, which pays victims if a driver is liable (responsible) for an accident. In the no-fault system, states require drivers to carry Personal Injury Protection (PIP) coverage instead.
The South Carolina Department of Insurance states their requirements for auto insurance coverage, which must have the following policy limits:
- At least $25,000 for bodily injury per person
- At least $50,000 for bodily injury per accident
- At least $25,000 for property damages per accident
These minimum requirements are in place primarily to ensure that all drivers can cover ordinary expenses and damages should an accident occur. Driving without insurance is illegal and can result in serious consequences. You can also purchase additional coverage for collision or uninsured motorist coverage.
Can I Buy PIP Insurance in South Carolina?
PIP coverage is not standard in South Carolina. Drivers can buy something similar to PIP called Medical Payments Coverage or Med Pay. This is like PIP but much more limited.
If you want extra financial protection after a crash, you should speak with your insurance company about PIP or Med Pay coverage options. Insurance regulations may have changed by the time you read this, so it’s best to speak with them for the most current advice.
What Should I Do if I Get Into an Accident in a No-Fault State?
If you get into an auto crash in a no-fault state, you should follow the same steps as you would after a car accident. You should:
- Ensure that you and others around you are safe.
- Get medical attention and call the police.
- Document the scene of the accident if possible.
- Get information from the other driver, witness statements, and evidence.
- Avoid speaking with any insurance adjuster.
- Contact a car accident attorney as soon as possible.
No-fault laws are hard to navigate. There are a lot of confusing parts to it that the average person may find challenging to understand. By retaining a strong car accident attorney to help you, they can help you find a way to hold the at-fault driver responsible for their negligence.
Contact a Lawyer Whether You Crash in an At-Fault or No-Fault State
South Carolina isn’t a no-fault state, but regardless of the type of insurance drivers must carry in a state, all should work with a personal injury lawyer to get legal advice. Victims in both types of states can be compensated for medical bills after an auto accident.
If you need to speak to an experienced car accident attorney, contact The Thumbs Up Guys at Miller, Dawson, Sigal & Ward Injury Attorneys for a free consultation.
