The Short Answer: No
No. South Carolina is an at-fault state, meaning the driver who causes an accident can generally be held responsible for the resulting injuries and losses. Unlike states with mandatory no-fault insurance systems, South Carolina does not require personal injury protection (PIP) coverage.1
So after a wreck here, a big question is who caused it. That turns on the facts, and only by talking through your crash with a lawyer will you know how it applies to you.
What If I Moved Here From Another State?
Insurance rules vary from state to state. If you moved here recently, or if the crash involved a driver from another state, that is a good time to ask a lawyer. For questions about bills, see who pays medical bills after a crash.
What Should I Do in the First Few Days?
Your health comes first. While you are in the hospital or in treatment, a family member or friend can take care of most of these:
- Call 911, and keep every appointment your doctors and therapists set.
- Get the crash report number from the police.
- Take photos of your injuries, the cars and the scene.
- Get the other driver's name, insurer and policy number.
- Tell your own insurer about the crash.
- Write down what you remember while it is fresh.
These records help show how the crash happened and how it affected you.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What If the Driver Who Caused the Crash Has No Insurance?
Your own policy may help, depending on what it includes. You can read more about what to do with an uninsured driver.
Is There a Time Limit to File a Lawsuit?
Yes. Most personal injury claims in South Carolina must be filed within three years.2 For a car wreck, that time generally runs from the date of the crash.3
Claims against a state or local government agency have their own deadline, which can be shorter.4 The deadline is to file a lawsuit in court, and opening an insurance claim does not stop it.5
Illustration only. This is not a real case or a result our firm obtained.
Example: A crash at an intersection
Jordan is driving through an intersection on a green light. Another driver runs the red light and hits the side of Jordan's car. Jordan has a broken wrist and medical bills of $14,200. Jordan also misses three weeks of work, losing $3,900 in pay.
Jordan makes a claim with the other driver's insurer. What Jordan may recover depends on the evidence, the injuries and the insurance available.
When Is It Worth Talking to a Lawyer?
It may help to talk with a lawyer if any of these sound familiar:
- You were hurt and are still getting treatment
- The other driver's insurer blames you for the crash
- The other driver had little or no insurance
- You were from another state, or the other driver was
- You are not sure who should pay your bills
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- South Carolina is an at-fault state, meaning the driver who causes an accident can generally be held responsible for the resulting injuries and losses. It does not require personal injury protection (PIP) coverage, although optional medical payments and other no-fault coverage may be available.1
- Most personal injury claims in South Carolina must be filed within three years.2
- Under South Carolina's discovery rule, the limitations period generally begins when a person knew or reasonably should have known, through reasonable diligence, that they had an injury that might give rise to a legal claim. The person ordinarily does not need to know the full extent of the injury or identify every potentially responsible party before the clock begins.3
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.4
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.5
Frequently Asked Questions
Who pays for my injuries if the other driver caused the crash?
That depends on how the crash happened and what insurance is in the picture. A lawyer can only give you a straight answer after hearing the details of your wreck.
I moved here from another state. Is my coverage different now?
It may be. Read the declarations page of your current policy to see what you bought, and ask your agent if something is unclear.
What if the other driver had no insurance?
Your own policy may help, depending on what it includes. Bring your declarations page to a lawyer so the two of you can look at it together.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.
Attorney responsible for this page: Sean Hall, Sean Hall Law Firm, LLC. Office: 677 King Street, 3rd Floor, Charleston, SC 29403.
