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No, South Carolina is not a no-fault state. As an at-fault state, if you get into an auto accident and are liable for the incident here, other parties involved can seek compensation from your insurer. Alternatively, if another motorist causes your car accident, you could get money for your losses from their insurance carrier.
Talk with a Spartanburg car accident lawyer if you have concerns or questions about whether South Carolina is a no-fault state. If you were involved in an auto accident, your lawyer can assist you with your auto insurance claim. Or, depending on the circumstances of your situation, they may advise you to proceed with a lawsuit against anyone liable for your car wreck.
What Does It Mean for South Carolina to Be a Fault State?
In a fault state like South Carolina, the insurance company of the driver who caused your auto accident can cover your losses and those of anyone else who was harmed during the incident. Comparatively, in a no-fault state, your auto insurer will cover your losses from your car accident, regardless of who is at fault.
Consider an example of how South Carolina’s fault system works. A motorist slams their car into yours because they were driving while distracted. You notify your auto insurance company about the wreck. Its representatives investigate and ultimately determine that the other motorist is responsible for your accident.
Since you’re in a fault state, the other driver’s insurance company could cover your accident losses, including your car repair costs and medical bills from the incident. If your losses exceed this motorist’s insurance policy limits, you could sue the driver for damages. Speak with a Spartanburg personal injury lawyer if you’d like to learn more about this option.
How is Fault Determined in a Car Accident in South Carolina?
Meet with a car accident attorney who has received dozens of positive client testimonials if you’re unsure about who is to blame for your collision. Your lawyer can investigate your auto accident and identify any liable parties. Plus, they can teach you about negligence in car accidents and how it applies to determining fault in your case.
Ultimately, to prove fault and negligence in your car accident case, you will have to show that someone violated a duty of care by committing a careless or reckless act. For instance, a motorist is speeding and crashes their car into yours. This driver chose not to comply with the posted speed limit, breaching their duty of care to you and other motorists and pedestrians.
In addition, you will have to illustrate how an at-fault party caused your car accident, injuries, and damages. With help from an auto accident attorney, you can gather accident scene photos, police reports, and other proof to validate this point. If you and your lawyer collect a wide range of evidence, you could prove to a judge or jury that you’re not at fault for your auto accident.
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What Happens if I am Partly at Fault for My Car Accident in South Carolina?
Because South Carolina isn’t a no-fault state for car accidents, you can share the blame for your auto collision with someone else and still get compensatory damages from them. This is due to South Carolina’s modified comparative negligence statute, which establishes a 50% bar for recovering damages.
With modified comparative negligence, you are eligible to receive damages if you file a car accident lawsuit and are found to be 1-50% liable. On the other hand, if you sue for damages after an auto accident and a judge or jury rules that you’re more than 50% to blame, you are barred from receiving compensation for your accident losses.
Car accident lawyers will give you insights into South Carolina’s negligence laws and their potential impact on the outcome of your case. Your auto crash attorney will build an argument designed to show a judge or jury that another party is at fault and, because of this, should have to compensate you for your quantifiable and subjective accident losses.
Don’t Stress if You Get into a Car Accident and Believe That South Carolina is a No-Fault State
Just because South Carolina is not a no-fault state for car collisions doesn’t mean that you can’t get money for your auto accident losses from any liable parties. Have car accident attorneys review your car collision case. Your lawyer can guide you through the process of filing a claim for compensation from a liable party’s insurance company or submit a lawsuit on your behalf.
Farmer & Morris Law, PLLC, has obtained millions of dollars for our clients. In your car accident case, we can handle your insurance settlement negotiations for you. We will keep you updated if any settlement offers are made and, if not, may advise you to move forward with a lawsuit. Contact us today for more information.
