Is South Carolina a No-Fault State for Car Accidents?

When you experience a car accident, it is natural to wonder who is to blame and what you can do to recover compensation for your damages, but is South Carolina a no-fault state for car accidents? In a no-fault state, every driver has insurance that covers their own damages after an accident, regardless of fault. South Carolina is not a no-fault state, meaning the fault rule applies, and all drivers must have liability coverage to compensate for any damage they cause.

Understanding the Fault Rule for Car Accident Cases

The fault rule for vehicle accidents in the state means that the driver at fault for causing an accident absorbs liability for the resulting damages. State law requires all drivers to have auto insurance that meets the state’s minimum coverage requirements for bodily injury liability and property damage liability. When a driver causes an accident, their insurance policy pays for the damages they inflicted on others.

Proving fault may seem straightforward at first, but the reality is that any car accident case has the potential to devolve into a contested legal battle between the drivers involved. It’s common for at-fault drivers to attempt to deflect blame in whatever way they can, and an injured driver may not know how to create a compelling argument against these allegations. Additionally, the evidence needed to prove fault may not be available for very long after the accident.

One of the most effective ways you can increase your chances of recovering from your recent car accident as fully as possible is to work with an experienced car accident attorney. They will know what evidence you will need in order to prove liability for the accident, what damages you can claim, and what to expect in the auto insurance claim filing process. They can also help you build a personal injury suit if necessary to ensure the fullest possible recovery.

Settlement Versus Litigation in a Car Accident Case

If you cannot fully recover your damages from a car accident through auto insurance, you will need to file a personal injury claim against the at-fault driver. Success with your case will depend on your ability to prove that the defendant directly caused the accident through an act of negligence or through some sort of illegal misconduct.

It’s possible to settle a personal injury case outside of court, but litigation may be unavoidable in some cases. During settlement, the parties involved in the case meet privately to discuss mutually acceptable terms for resolving the case, whereas litigation unfolds in the courtroom, and the judge or jury has the final say when it comes to fault for the accident and compensation owed to the victim.

Ultimately, fault is a central issue in almost every car accident case. Whether you believe you can fully recover your losses with an auto insurance claim or you are bracing for a complex personal injury suit, successfully recovering compensation for your losses will require proving fault for the accident. The Law Office of Charles T. Brooks III can provide the compassionate and results-driven legal counsel you need for your car accident case.

FAQs

How Can I Prove Fault for a Car Accident?

You can prove fault for a car accident in South Carolina by using several forms of evidence. Your attorney can help you obtain traffic camera recordings, vehicle computer data, cell phone records, the police report from the accident, and testimony from witnesses who saw it happen. You will need to prove fault before you can file an auto insurance claim or secure compensation with a personal injury suit.

Can I Claim Compensation if I Was Partially at Fault for an Accident?

Yes, you can still claim compensation if you were partially at fault for an accident in the state. However, your fault percentage must be less than the defendant’s; otherwise, you lose the right to claim compensation under the modified comparative fault rule. Whatever fault percentage is assigned to you under this statute will be the percentage of your case award taken to reflect your shared liability.

Who Is at Fault for a Rear-End Collision?

Fault for a rear-end collision in the state usually falls to the driver who hit the other from behind. All drivers have a duty of care to leave adequate space between them and the driver in front of them at all times. Following too closely and/or speeding could easily lead to a rear-end collision. However, the driver in front may bear partial fault under certain conditions, such as stopping abruptly without a good reason or having faulty brake lights.

Do I Need a Lawyer to File an Auto Insurance Claim?

You do not strictly need to hire a lawyer to file an auto insurance claim in South Carolina, but you will have a much easier time with this process if you do. Most insurance companies will fight back against claims for coverage in whatever way they can, often attempting to take advantage of unwary injured claimants who are desperate for a settlement offer. Your attorney can ensure you are treated fairly and receive an appropriate settlement offer.

Does an Accident Affect Your Auto Insurance if You Are Not at Fault?

An accident should not affect your auto insurance if you were not at fault. However, every insurance policy is different, and you should take time to read the fine print of your policy very carefully. Your insurance policy will include all terms and conditions that may come into effect after an accident, and it is possible for your premium rate to increase under certain conditions, even after an accident that was not your fault.

The Law Office of Charles T. Brooks III has helped many past clients navigate all types of complex car accident cases, and we know the challenges you might face in the aftermath of your recent accident. If you have questions about the fault rule for resolving vehicle accidents or what type of compensation you are eligible to claim for an accident that was not your fault, contact us today and schedule a consultation with an attorney.