South Carolina Car Accident Laws

In the state of South Carolina, car accident laws play a crucial role in determining the rights and responsibilities of those involved in a collision. These laws aim to provide justice and compensation to victims while also ensuring the safety of all drivers on the road. Understanding the car accident laws in South Carolina is essential for every driver, as it can greatly impact the outcome of a case.

At HawkLaw, we’re dedicated to helping our clients navigate these complex laws. We understand the importance of securing the compensation you deserve following an accident, and we’re here to advocate for your rights. With our comprehensive knowledge of South Carolina car accident laws, our skilled car accident lawyers will help you pursue the full benefits you may be entitled to.

Should I Report My Car Accident?

In South Carolina, it is mandatory to report your car accident if it results in injury, death, or significant property damage. According to S.C. Ann. § 56-5-1210, you must stop your vehicle immediately and remain at or near the scene to exchange information and assist injured individuals, as well as report the incident to the authorities. Failure to report such accidents could lead to severe consequences, including but not limited to the suspension of your driving privileges and potential criminal charges for leaving the scene of an accident.

In South Carolina, there are typically two methods for reporting a car crash to authorities:

1. Call the Police: After an accident, contact the police right away by dialing 911 or using a non-emergency police number for less urgent situations. Police will not only provide necessary immediate assistance but will also generate an official accident report, which is critical for insurance and legal purposes.
2. File a Report with the SCDMV: In instances where a police report wasn’t made at the scene, and the accident resulted in property damage of more than $1,000, injury, or death, you are required to report the incident to the South Carolina Department of Motor Vehicles (SCDMV). This involves filling out a Form-309 (Traffic Collision Report Form) and submitting it to the SCDMV within 15 days of the accident.

While you are not required to report minor accidents, you should still do so to ensure your legal rights are preserved and to avoid any potential penalties for non-compliance with state laws.

Is South Carolina an At-Fault State?

South Carolina operates under an “at-fault” system, meaning the person legally responsible for causing a car accident is also responsible for any resulting harm or damage. This system allows you to pursue compensation directly from the at-fault driver’s insurer. However, if the at-fault party’s insurance does not fully cover the damages, you can file a claim with your own insurance or pursue additional legal action against the at-fault driver to recover the remaining losses.

The state also uses a modified comparative negligence rule for compensation. This means you can recover damages even if you are found to be partially at fault in a collision, but only if your fault does not exceed 50%. Compensation is then adjusted by fault percentage. For instance, if you were 10% at fault, and your total damages were $10,000, you would be eligible to recover 90% of the damages, or $9,000.

Who is Responsible For Damages in a Car Accident?

Typically, the driver at fault for causing the car accident is responsible for covering the damages, including property damage and personal injuries resulting from the collision. The fault is based on evidence collected at the scene, witness statements, and sometimes, expert testimony. Insurance companies have an important role in this process, as they assess the claims and decide on the fault based on their investigation.

However, disputes over fault and the extent of damages can lead to litigation, where the courts will make a final determination based on the evidence and arguments presented by all parties. In this situation, each party’s representation, whether by their insurance company’s legal team or a private attorney, becomes crucial. Their role is to effectively present the party’s case and challenge any opposing evidence or arguments while fighting for the most favorable outcome for their client.

Elements of a South Carolina Car Accident Claim

In South Carolina, the foundation of a car accident claim is proving negligence. This involves four key elements that must be established for a successful claim: duty, breach, causation, and damages.

• Duty: The plaintiff must first prove the defendant had a duty of care toward them. This means each person on the road is expected to act responsibly and not endanger others on the road.
• Breach: The claim must demonstrate a breach of this duty. When a driver fails to observe traffic laws or otherwise acts in a manner that a reasonably prudent person wouldn’t, it would be considered a breach.
• Causation: The defendant’s breach of duty must also be proven to have directly resulted in the incident and the plaintiff’s injuries.
• Damages: Finally, the plaintiff must prove they have suffered damages or losses due to the accident, which may include injuries or property damage.

Do You Need Car Insurance in South Carolina?

In South Carolina, carrying car insurance is a legal requirement. The state mandates that all drivers have a specific minimum level of liability and uninsured motorist coverage to legally operate a vehicle. This ensures that adequate funds are available to cover injuries and damages if an accident occurs. The minimum requirements are:

• Bodily Injury (BI): This coverage is essential for paying medical expenses for injuries sustained in an accident. State law requires one to have at least $25,000 of coverage per person and $50,000 total per accident.
• Property Damage (PD): To cover the costs of damage to someone else’s property in an accident for which you are at fault, you must have a minimum of $25,000 in property damage coverage.
• Uninsured Motorist (UM): Given the risk of being hit by an uninsured driver, South Carolina requires UM coverage. This covers your own bodily injuries and property damage, with a minimum coverage of $25,000 per person and $50,000 total per accident.

Adhering to these insurance requirements isn’t just about adhering to the law, but also for protecting yourself and others on the road.

What Happens If the Other Driver Doesn’t Have Insurance?

If the other driver involved in the collision does not have insurance, your uninsured motorist (UM) coverage will take effect. This is mandatory coverage in South Carolina and can help pay for your medical bills, property damage, and other losses up to the limits of your policy. Make sure to report the accident to your insurance company quickly to ensure your claim is processed as soon as possible.

What are the Damages Available In a South Carolina Car Accident Lawsuit?

In a South Carolina car accident lawsuit, victims may pursue compensation for both economic and non-economic damages. Economic damages are quantifiable losses resulting from the accident. These may encompass medical expenses for immediate and future care, lost wages from time off work, and the cost of property repairs or replacements. Maintain records of all costs associated with the accident to substantiate these claims. Non-economic damages, on the other hand, compensate for the effects of an accident which cannot be easily quantified but deeply affect the victim’s quality of life. This may include pain and suffering or emotional distress.

What is the Statute of Limitations for Car Accident Lawsuits?

Individuals who have been involved in a South Carolina car accident have a limited period during which they can file a lawsuit for damages. This period is known as the statute of limitations. Under South Carolina Code section 15-3-530, the statute of limitations is three years for personal injury, vehicle damage, or wrongful death claims resulting from a car accident. In other words, you can only take legal action within three years from the date of the accident or injury.

This time frame applies regardless of the nature of the claim, whether it involves injuries to a person, such as a driver, passenger, or pedestrian, or relates to damage to personal property. If you fail to file within this three-year window, it generally means you can no longer sue for damages from the incident, emphasizing the importance of timely legal action.

Can the Statute of Limitations Be Extended?

Yes, in certain scenarios, the statute of limitations in South Carolina can be extended. Two common situations where extensions might apply include cases involving a legally disabled plaintiff and instances where the defendant is absent from the state.

First, a plaintiff is considered legally disabled if they are under the age of 18 or have been declared “insane” by legal standards. In such situations, South Carolina law allows for an extension because the individual is deemed incapable of managing their own legal affairs. For minors, they have until one year after their 18th birthday. For individuals declared insane, they must file within either five years after the injury or one year after being declared sane, whichever comes first.

Second, if the defendant has been absent from South Carolina for a continuous period of one year or more, or if they lived outside the state when the injury occurred, this time may not be counted against the statute of limitations. This extension is applicable only if the defendant’s absence prevents the plaintiff from serving them with the lawsuit.

Is South Carolina a No-Fault State?

No, South Carolina does not operate under a no-fault system for car accidents. The state adheres to a traditional fault-based or “tort” system, coupled with a comparative negligence rule. This framework allows individuals involved in a car accident to seek compensation directly from the at-fault driver’s insurance company. If you are less than 50% at fault for the accident, you retain the right to pursue a claim for damages against the other party.

Want To Learn More About South Carolina Car Accident Laws? Contact a Car Wreck Attorney at HawkLaw Today

Navigating South Carolina car accident laws can be overwhelming, but you don’t have to do it alone. At HawkLaw, our dedicated South Carolina accident law firm is ready to offer you the personalized legal support and advocacy you need to ensure your rights are protected. Contact us today to schedule a consultation.