South Carolina requires all drivers to maintain liability insurance on their vehicles at all times, which serves as protection should a car accident occur. Minimum liability insurance requirements in South Carolina are as follows: $25,000 for bodily injury or death of one person, $50,000 for bodily injuries or death of additional individuals, and $25,000 for total property damage coverage.
South Carolina is a fault state in regards to car accidents. A fault state mandates that the party responsible for causing the car accident is liable to pay for all of the damages. If you’re the victim of a car accident, you can file a claim with your own insurance company as well as with the other party’s insurance company. If the insurance companies cannot cover all of the damages, you are also allowed to file a lawsuit.
When a car accident lawsuit is filed, South Carolina follows the 51% proportional comparative fault rule which dictates that the responsible party has to be found 51% or more at fault before any damages can be recovered by the victim. If not, then no damages can be recovered. Getting help from a leading car accident lawyer is imperative in proportional comparative fault states. Usually, the other party’s attorney will fight to reduce the blame, which could potentially leave the plaintiff with no damage recovery.