Is South Carolina a Fault or No-Fault State?

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Navigating the aftermath of a motor vehicle accident can be challenging, especially since you are physically and emotionally damaged. You might expect prompt compensation by the careless driver or their insurance to help ease the situation.

Unfortunately, it is not always clear where to look for compensation, as some states are no-fault states while others are at-fault states. Read on for comprehensive information on what to expect if your accident happens in South Carolina.

Is South Carolina a No-Fault State?

South Carolina is not a no-fault state. This means that the party at-fault is held responsible for motor vehicle accidents, and is required by law to compensate the victim. South Carolina laws require that drivers have a minimum level of insurance coverage, so they can compensate injured parties if they are at-fault for a collision.

If you are the victim, you can also seek compensation directly from their insurance company and even file a personal injury law suit. It’s a good idea to have an injury lawyer to help you choose the right option that is likeliest to get the compensation you deserve. Get in touch with us for help in obtaining your compensation.

What if You Are Partially at Fault?

If both drivers involved in a collision are partially at-fault, South Carolina follows a modified comparative negligence system. A court is required to identify the percentage of fault by the injured party, and that person is compensated based on that percentage.

Therefore, through the modified comparative negligence system, you would be given a percentage of fault, which is deducted from your overall compensation if your fault is 50% or less. If a party is more than 50% at fault, then you would not be entitled to compensation. For instance, if you are awarded $100,000, but you are 30% at fault in the accident, then you get $70,000, and the other party receives no compensation since they are 70% at fault.

How Do You Show That You Are Entitled to Compensation?

In South Carolina, it is the responsibility of the insurance company of the party at-fault to pay for the damage and injuries caused up to the amount of the policy limits. Unfortunately, proving the at-fault party is not always black and white. For this reason, you require the help of a lawyer to gather evidence that shows you deserve this compensation.

Evidence can be in the form of photos, videos, eyewitnesses, and police reports. The lawyer will also advise on statements and actions to avoid so they don’t affect your compensation. Without a lawyer, the insurance company may take advantage of you and give you less compensation.

What Is the Statute of Limitations in South Carolina?

The statute of limitations refers to the time period in which you are allowed to file for a personal injury claim. In South Carolina, the statute of limitations is generally three years. However, the statute of limitations is shorter if the at-fault party is a part of or employee of a governmental entity or municipality. Additionally, organizations such as hospitals and charities can also have a shorter statute of limitations.

We Can Help You Pursue Compensation From an At-Fault Party

It is best to start claiming your compensation soon after an accident. Waiting too long may affect the strength of your case since there may be inadequate evidence if it is not gathered close in time to the event. Therefore, get a personal injury lawyer by reaching out at the earliest opportunity for a more successful case.

Contact a Lawyer and Simplify the Process

If you have been injured in an accident, you deserve compensation to help get things back to normal. A lawyer makes it possible to focus on your recovery and let them work towards your claim. Our lawyers at David R. Price, Jr., P.A. will ensure your life is back on track with as few compromises as possible. Contact us today.

Frequently Asked Questions Regarding Fault or No-Fault States

Who is responsible for injuries and damages after a car accident in South Carolina?

Since South Carolina is a fault state, the at-fault party is responsible for the injuries and damages. If a driver is partially at fault, then her percentage of fault is deducted from her compensation.

What happens in no-fault states?

In no-fault states such as Florida, nobody is blamed for the accident. Each victim is compensated by their own insurance company.

Is a car accident lawyer worth it after a car injury in South Carolina?

Taking any step without a lawyer after an accident is risky. The at-fault’s party may deny you what you deserve if you don’t have the knowledge or skills to demand compensation.


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