Frequently Asked Questions

Does South Carolina use a fault-based system for car accidents? What does that mean for someone involved in an auto accident?

While other states follow the no-fault system, South Carolina uses a fault-based system for dealing with car accidents. In the fault-based system, the at-fault person, and their insurance company is responsible for losses or damages arising in the aftermath of a collision.

In a no-fault system, each party involved in an accident exhausts their personal insurance first, no matter who was deemed to be at-fault for the accident.

In South Carolina, the person at-fault is the only person responsible, and the victim/plaintiff’s insurance company does not necessarily have to be involved in the case.

However, an injured plaintiff who is not at-fault for an automobile accident can ask their insurance company for recovery. The ‘plaintiff’s insurance company then asks for reimbursement from the at-fault ‘individual’s insurance company. People who sustain damages and/or personal injuries caused by another individual can also pursue claims against the person deemed to be at fault or the at-fault ‘person’s insurance company.

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