What Happens if I am Involved in a South Carolina Car Accident and Have an SR-22 Requirement Already?

In South Carolina, some drivers may be required by the state to file proof of financial responsibility through an SR-22 certificate of insurance. This verifies that an insurance policy is in place and meets the minimum insurance requirements set forth by the state.

This type of insurance is often required if a driver has been convicted of a DUI; caused an accident with serious injuries or fatalities or was convicted of driving with no insurance.

Also called High Risk Insurance Coverage, this insurance is typically not cheap, often double or triple the price of non SR-22 insurance, and is usually required for a minimum of 3 years. In addition, according to the South Carolina DMV, if you were found to not have insurance while driving a vehicle you own, your license and registration will be suspended until you pay the $600 uninsured motorist fee to have it reinstated. If you fail to maintain the insurance for the 3-year period, the suspension will be reinstated, and the time period will be reset to start over. Insurance companies are required to notify the DMV in South Carolina if your SR-22 insurance policy lapses.

So what does this mean if you are in a car or other type of vehicle wreck and as the driver, it was your fault? Can the fact that you were driving on SR-22 insurance be another strike against you? In short, no. Your insurance status is inadmissible.

However, if you have a previous history of reckless, drunk, or drugged driving or have caused other crashes that resulted in serious injury or death, your history may be admissible during a deposition, to the court and/or to a jury. This may be the case, even if you were not the at-fault driver. The at-fault driver’s attorney and insurance company may try to get your driving record called into question to create doubt about liability.

Lastly, if you are found to be negligent in the current accident case, the cost of your high-risk insurance will probably increase.