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Is South Carolina a No-Fault Auto Insurance State?


If you have been hurt in a car accident, you may be able to obtain compensation for your injuries. Unfortunately, claiming the full damages you deserve is not as straightforward as many people think. Like the majority of states in the country, South Carolina does not follow no-fault laws. This means you must prove that another person caused the crash and are now liable for paying compensation for your injuries. Below, our Daniel Island car accident lawyer explains further.

Tort Law in South Carolina 

After a car accident, you must file a claim with the negligent party’s insurance company. Insurance companies are not your friend and they do not want to pay you the full settlement you need to fully cover the cost of your injuries. This is one reason it is important to work with a lawyer who can negotiate with the insurer on your behalf. A lawyer will accurately value your claim before entering into negotiations to determine the amount of compensation you need.

It is important to note that South Carolina also follows a comparative negligence fault model. Under this law, you can only file a claim if you were less than 50 percent at fault for the crash. If it is found that you contributed to the accident, any damages you receive will be reduced by your same percentage of fault.

In no-fault states, the above laws do not apply. Instead, injured individuals must file a claim with their own insurance company. While accident victims in no-fault states do not have to prove fault, it can be even more difficult for them to receive the full settlement they deserve.

Auto Insurance Requirements in South Carolina 

All motorists in South Carolina are expected to purchase proper auto insurance and failing to do so will result in serious consequences. The minimum auto insurance requirements in the state are as follows:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury for the entire accident, and
  • $25,000 for property damage for the entire accident

The above limits are often not enough to fully cover the cost of serious injury. For example, paralysis can cost $69,000 annually. For this reason, it is important to identify all liable parties after an accident. If multiple parties are at fault, you can file a claim with each of their insurance companies to obtain the full and fair compensation you deserve.

Our Car Accident Lawyer in Daniel Island Can Help You Claim Maximum Damages 

You have the right to claim the damages you need after an accident caused by another driver. Unfortunately, claiming fair compensation is not easy and you may encounter many challenges along the way. At Fuller Law Firm, our Daniel Island car accident lawyer can overcome these challenges and negotiate with the insurance company to maximize your damages and ensure your rights are protected. Call or text us now at 843-277-0013 or chat with us online to request a free consultation and to obtain the legal advice you need.




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