South Carolina Car Accident Lawyer

Does my own insurance pay anything after a South Carolina crash?

Sometimes. South Carolina is an at-fault state, so the driver who caused the crash is primarily responsible. But your own policy may include coverage that helps, especially when the other driver has little or no insurance.

Every South Carolina policy must include uninsured motorist coverage. Underinsured motorist coverage must be offered, but you can decline it. Medical payments coverage is also optional. Many people do not know what they bought until after a crash, so pull your declarations page and check. If you have underinsured coverage on more than one policy in your household, the rules on combining it are detailed and worth reviewing with a lawyer.

What if the other driver fled the scene?

Report the crash to police right away. Uninsured motorist coverage can apply when a hit-and-run driver cannot be identified, but South Carolina policies and law set conditions.

If there was no physical contact, for example when a driver forced you off the road and kept going, the claim may require independent evidence that the other vehicle existed, such as a witness who is not in your car. Dashcam video and nearby business cameras can also help. Prompt notice to your insurer is required, so do not wait.

Keep in mind that your own insurer is not automatically on your side in an uninsured motorist claim. It may raise the same arguments about fault and injury that the other driver's insurer would. These claims deserve the same careful preparation as any other.

How is fault split in a South Carolina intersection crash?

A jury compares each driver's fault, and your award is reduced by your share. You recover nothing if your share is greater than 50%.

Consider a crash at a busy Columbia intersection. You are driving through on a green light when another driver turns left in front of you. Your damages total $85,000. The other insurer claims you were speeding and assigns you 20% of the fault. If a jury agrees, you recover $68,000. At a 50-50 split, you would still recover $42,500. If the jury found you 51% at fault, you would recover nothing. Signal timing, video and vehicle data can shift those percentages.

When several drivers share fault, South Carolina law generally limits a defendant that is less than 50% at fault to paying only its own share of the damages. That makes it important to identify every driver and vehicle owner involved.

Which South Carolina roads lead to the most serious crashes?

Interstates, coastal highways and fast-growing suburbs produce many serious crashes. Each brings its own patterns.

• I-26 between Columbia and Charleston, with heavy commuter and port traffic
• I-95 through rural counties, where fatigue and high speeds combine
• I-85 through the Upstate, with growing congestion near Greenville and Spartanburg
• US-17 and Kings Highway along the coast, with tourists and pedestrians
• I-526 and other Charleston area connectors, with frequent backups
• Rural two-lane roads with narrow shoulders, deep ditches and farm equipment

Golf carts and low-speed vehicles are common in some beach and resort communities, and crashes involving them can raise coverage questions. Rideshare crashes add layers of coverage, which our rideshare and taxi accidents page explains. If you were walking, see our pedestrian accidents page.

What should I do after a crash in South Carolina?

Your first steps protect both your health and your claim.

1. Call police and get the report number.
2. Get medical care within a day or two, even if you feel only sore.
3. Photograph the vehicles, the road and any signals.
4. Collect names and phone numbers of witnesses.
5. Notify your own insurer, but avoid recorded statements to the other carrier.
6. Keep every bill, pay stub and note about missed activities.

How long do I have to file a South Carolina car claim?

Most South Carolina car accident lawsuits must be filed within 3 years. That is longer than many states allow, but evidence fades quickly.

Claims involving a state vehicle, a county road crew or another public body go through the South Carolina Tort Claims Act, which has its own procedures and limits. If a truck was involved, see our South Carolina truck accident guide. General rules are on our South Carolina injury law page. Our team offers a free case review, and you pay no fee unless we win.