I just moved to South Carolina a few months ago, so I’m a bit unfamiliar with the laws when it comes to car accidents and stuff. Is South Carolina a no-fault state?
Reviewed by Shannon Martin, Licensed Insurance Agent.
South Carolina actually isn’t a no-fault state—it’s a modified comparative negligence state. This means that drivers in South Carolina can only collect damages if they’re found to be less responsible than the other driver(s) for causing an accident and if the other driver’s negligence amounts to more than 51%.
Here’s an example that may simplify things: let’s say you’re in a wreck, and you’re considered to be 20% at fault. You’ll be able to collect on 80% of the damages caused by the other driver since you’re responsible for 20% of what happened.
Since the odds of being able to collect on 100% of your damages following a car accident in South Carolina are pretty slim, it’s important to ensure you’ve got a solid
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