Is SC a No-Fault State for Car Accidents?
When it comes to car insurance claims, you either live in an at-fault or no-fault state. In an at-fault state, such as South Carolina, the at-fault driver is responsible for paying the victim damages. In a no-fault state, drivers file their personal injury claims with their respective insurance companies, but property damage claims will still be processed with the negligent driver’s insurer.
In this blog, our Charleston car accident attorneys examine the differences between how insurance claims work in at-fault versus no-fault states and what forms of compensation may be available to you.
South Carolina Liability Insurance
Under South Carolina Code §38-77-140, motorists are required to carry the minimum liability insurance when operating a motor vehicle within the state:
- $25,000 for bodily injury per person in a single accident
- $50,000 for bodily injury for two or more persons in a single accident
- $25,000 for property damage sustained in a single accident
Insurance Claims Process in At-Fault States
At-fault and no-fault states will have different procedures regarding which insurance company will process your claim. Since South Carolina is an at-fault state, the driver who is liable for the accident will be responsible for paying damages associated with your injuries and for any property damage.
If the other driver is determined to be at fault, you will file a third-party claim with the driver’s insurance company. A third-party claim is a claim that you make with another person’s insurance company, even though you are not insured under the policy.
Once your claim is submitted, an insurance adjuster will be assigned to your case. The adjuster will conduct an investigation to clarify the sequence of events to determine who is at fault for the crash. If you sustained injuries and damage to your vehicle, you would file both a bodily injury claim and a property damage claim. If your claim is accepted, the insurance company will send you a payout check.
Insurance Claims Process in No-Fault States
In a no-fault state, a car accident victim would go through his or her own auto insurance for any bodily injury claims. However, even in no-fault states, property damage claims will be processed through the negligent driver’s insurance. So, even in no-fault states, determining liability is critical to the claims process.
While it may seem like it is simpler to live in a no-fault state, that is not always the case. It is more complex to take legal action, which may be necessary if your injuries exceed covered liability limits. However, many no-fault states do permit drivers to exit the no-fault system and sue the other driver if they suffer catastrophic injuries or if their medical expenses exceed a certain threshold.
Total Loss Claim
Bear in mind that if your total vehicle damages are more than 75% of the fair market value of the car, it will be deemed a total loss. However, insurance companies have the discretion to declare that your car is totaled if there is less than 75% loss of the fair market value or if its fair market value is less than $2,000.
Types of Damages in a Car Accident Injury Claim
If you have been injured in a car accident, you may be awarded two categories of damages: economic or non-economic. Economic damages are those losses that come with a price tag.
Economic damages may include:
- Lost wages
- Loss of future earnings
- Medical expenses
- Projected medical expenses
- Physical therapy
Non-economic damages, on the other hand, are non-pecuniary losses that are not as easily quantifiable. These may include:
- Pain and suffering
- Mental anguish
- Negligent infliction of emotional distress
- Loss of consortium
- Disfigurement and/or scarring
Injured? Seek the Advice of Our Charleston Car Accident Attorneys
If you have been involved in a car accident, you likely have a lot of questions on how you can get fairly compensated. With over 35 years of experience, our legal team is ready to help you fight for the compensation you deserve. To learn more or to schedule your free consultation, contact us online or by phone.