South Carolina Car Accident Compensation Laws

Auto accidents are a common occurrence in South Carolina. It can be frustrating to deal with the auto insurance company. You can make this process easier by taking the proper steps immediately after your motor vehicle accident.

This article provides an overview of South Carolina's car accident compensation laws and how to get appropriate compensation for your injuries and losses. It also explains South Carolina's comparative negligence rules and what to do after a car accident.

South Carolina Car Accident Compensation Laws: At a Glance

The table below highlights key aspects of South Carolina's car accident laws, including limits on damages and the statute of limitations.

'At Fault' and 'Comparative Negligence' Rules in South Carolina

South Carolina is an at-fault state when it comes to car accident claims. To recover damages, you must first prove that the other driver was responsible for the accident.

South Carolina also follows a "modified comparative negligence" rule. This means that even if you are partly at fault for the accident, you can still sue the other driver for damages. However, you must be less than 51% at fault. If you were partly to blame, the judge will decrease your damages award by your degree of fault.

For example, let's say you're in an accident. The court determines that you were 10% at fault and the other driver 90% at fault. If you're awarded $1,000 in damages, the judge will reduce your payout to $900.

What to Do After a South Carolina Car Accident

You must take specific steps in the moments after your auto accident. You may jeopardize your car accident claim if you don’t preserve the evidence immediately after the car crash. You want to give your car accident lawyer the best chance of proving your case.

To increase your chances of financial recovery in your South Carolina car accident case, take the following steps immediately after the collision:

Move Your Vehicle

Move your car or SUV out of the lanes of traffic if you can. Do your best to get your vehicle and its occupants to safety. Check if anyone has bodily injuries and render first aid to car accident victims.

Call 911

Always call 911 following an accident, even if you think you aren't hurt. South Carolina law requires reporting of any accident that causes more than $1,000 worth of property damage. If you were in an accident and didn't call 911, you can still report it by filling out form FR-309.

Law enforcement will investigate the accident scene and check to see if the at-fault driver was under the influence of drugs or alcohol. They’ll also provide your attorney with a copy of their police report, which will go a long way toward proving a personal injury claim.

Don't Leave the Scene

Never leave the scene of a car crash. Leaving the scene of the accident, even a minor accident, constitutes an illegal hit-and-run. You may face serious criminal charges if you flee the scene. It’ll also make it very difficult to get financial compensation for your injuries.

Exchange Information With the Other Driver

You and the other motorist should exchange contact information and insurance information immediately after the crash. This way, you’ll have this information should the other driver leave the accident scene before the police arrive.

Document the Scene of the Crash

Take pictures of the scene and get contact information for any witnesses. You should also ask nearby businesses and homeowners for a copy of their security camera footage. This footage may help convince the adjuster to pay your insurance claim. It can also help prove fault in your personal injury lawsuit.

Seek Medical Treatment

Even if you think you’re okay, see a doctor. If you don’t, your personal injury attorney won’t be able to prove that your injuries are the result of the crash. You’ll need these records to prove the other driver’s liability for your medical care, including physical therapy and future medical treatment.

Plus, some serious car accident injuries aren't obvious right away. For example, whiplash symptoms often take several hours or even days to surface.

Notify Your Insurance Carrier

Call your insurance agent and notify them of a possible car accident claim - At the time of the crash, it may be unclear whose insurance policy will cover the accident. You may learn that the other driver has no insurance or only liability insurance. If so, you must file a claim with your uninsured motorist coverage.

Talk to a Personal Injury Attorney

Ideally, your car insurance company will pay your claim. However, you may have to sue the at-fault driver if they don't. There’s also the chance that the driver’s insurance coverage doesn’t pay your out-of-pocket expenses. If so, you’ll need to sue the other driver for the remaining amount.

A personal injury attorney can evaluate your case and walk you through your options, such as accepting an insurance settlement or taking your case to trial for damages.

Types of Damages Available in South Carolina

You can typically demand two types of damages in your personal injury lawsuit: economic and non-economic.

Economic damages include specific costs you incur as a result of the accident. Non-economic damages refer to the more abstract costs of an accident, like emotional distress and the loss of spousal companionship.

Economic damages include:

• Car repairs
• Medical expenses
• Lost wages

Non-economic damages may include:

• Physical pain
• Loss of enjoyment of life
• Loss of affection or companionship

In rare instances, a car accident victim can demand punitive damages, which are meant to punish the defendant. However, judges usually only award punitive damages in severe cases. For example, they may award punitive damages in a drunk driving case that causes serious injuries or death.

Involved in a Car Accident? Talk to a South Carolina Attorney Today

If you’re in a motor vehicle accident, there’s a good chance you’ll have to file an insurance claim. If you’re lucky, the insurance company will pay your claim without issue. However, if they deny your claim, you’ll have no choice but to sue the at-fault driver.

While you can handle this on your own, it’s a good idea to meet with a South Carolina car accident lawyer before you do anything. The amount of compensation you receive may be higher if you have a skilled attorney working for you. Not only do they know the South Carolina car accident laws, but they also know how to negotiate with insurance companies.