Understanding South Carolina Accident Laws: What Charleston Drivers Need to Know
TEach state has different laws regarding motor vehicle accidents, and the Palmetto State is no different. South Carolina is a fault state, which means that the motorist who is at fault must pay for another driver’s damages in a car accident. South Carolina requires that all drivers always maintain liability and uninsured motorist coverage.
Additionally, the state recognizes comparative negligence, which allows many injury victims to recover compensation even if they are found partly responsible for the crash. If you travel primarily in South Carolina, our car accident attorneys in Charleston are here to discuss how you would obtain compensation if you are in a collision.
South Carolina Liability Coverage
Liability insurance provides coverage if you are found at fault in a car accident. South Carolina law requires that you carry the following liability limits:
- $25,000 of bodily injury coverage per person
- $50,000 for bodily injury coverage per accident
- $25,000 of property damage coverage per accident
This is known as “25/50/25” coverage. These liability limits will help you pay the claims for anybody injured in an accident in which you are liable.
South Carolina Uninsured/Underinsured Motorist Coverage
The state requires that you purchase uninsured motorist coverage, which will cover you if the other driver is at fault but is uninsured or flees the accident scene. Under state law, motorists must carry the same limits for uninsured motorist coverage as is required for liability coverage (25/50/25).
Similarly, underinsured motorist coverage will pay your medical expenses and repairs to your vehicle if you are involved in an accident with an at-fault driver who does not have sufficient insurance. However, underinsured motorist coverage is optional.
What if I Am Partly at Fault?
If you are partly at fault, you are still eligible for damages if you are less responsible than the defendant. This is known as the “51% rule,” which allows you to recover damages based on your percentage of fault. For instance, if you submit a property damage claim for $10,000 but are deemed 25% liable, your award will be reduced by your percentage of liability. Hence, you will only be awarded $7,500 on your claim. If you are 51% or more at fault, then you will be unable to receive recovery.
The insurance company seeks to pay as little as possible, padding their bottom line. While you may think that you can handle the insurance claim without hiring counsel, this will put you at a severe disadvantage. Speaking with the insurance company is more of an art, which requires finesse in knowing how to supply answers to questions. At Mark C. Tanenbaum, P.A., we are prepared to negotiate with the insurance company on your behalf. With five decades of litigation experience, our legal team is not afraid to take your case to court if necessary.
Injured? Speak with Our Car Accident Attorneys in Charleston, SC, Today
A crash can occur in the blink of an eye, leaving you rattled. If you have recently fallen victim to a collision, do not hesitate to contact our Charleston car accident lawyers. Mark C. Tanenbaum, P.A., has helped countless clients in Charleston and the surrounding regions obtain maximum compensation for their accident claims. To learn the worth of your car accident case, schedule your free consultation online or by phone today.