What You Need to Know About South Carolina Car Accident Laws
South Carolina has legislation in place to protect car accident victims throughout the state. Here is everything you need to know about South Carolina car accident laws.
What to Do After a Car Accident in South Carolina
If you are in a car accident, you should reach out to law enforcement and receive any medical attention that is necessary for you. In addition, take time to collect evidence of the scene, particularly for insurance claims. Take photos of the damage acquired, exchange contact information with the other vehicle’s driver, and take down their insurance. You also may want to seek out a towing company if the car is unable to be driven. In the midst of all this, it is important to address any injuries you may have as soon as possible.
After an accident, South Carolina law encourages those who did not have any law enforcement members at the scene of the accident to complete the Traffic Collision Report to file a claim about the accident. This must be completed within 15 days of the accident’s occurrence.
South Carolina Statute of Limitations for a Car Accident Lawsuit
According to the South Carolina statute of limitations, there is a three-year limit on filing a lawsuit. The lawsuit would either be a personal injury or a property damage case. The three-year timeline begins when the accident occurs unless the medical issue from the accident surfaces later. The three-year limit is strictly enforced in South Carolina to make sure there can be relevant evidence for the case and to avoid a backlog of cases. Therefore, it is crucial to file the claim once an individual feels ready to.
Does the Statute of Limitations Affect the Insurance Claim Filing Period?
The statute of limitations only relates to any legal proceedings a victim of a car accident may choose to take. For an insurance claim, it is important to file the claim as soon as possible, so the insurance company can promptly address the issue. Either driver can file the claim depending on the situation.
Is South Carolina a No-Fault State for Car Accidents?
South Carolina is one of a very limited number of states that do not account for no-fault accidents. There are no laws in South Carolina that allow for no-fault claims. Instead, South Carolina wants there to be a designated fault in the accident, so there can be accountability and simplicity in the claim. In no-fault states, there are motorist insurance requirements that must be met, so that the driver can fund the expenses in the accident.
Grounds to File a Car Accident Lawsuit in South Carolina
Sometimes filing a lawsuit is the best alternative to addressing a car accident. Here is the list of the most common reasons for filing a car accident lawsuit:
- Unable to settle with the insurance company
- Disagreement on who is at fault in the accident
- The motorist in the collision does not have insurance
- Typically, the lawsuits are instituted to help the drivers in cases of confusion and disagreement. In the example of having no insurance, then the lawsuit is required to receive a payout for the accident’s damages. Sometimes these cases will be settled by the parties before a trial. If the case goes to trial, it is in the judge’s hands to decide on the settlement.
Related: How to File a Car Accident Lawsuit
Who’s at Fault in a 3-Car Accident in South Carolina?
In South Carolina, the driver that is at fault in a three-car crash is the one who initially ran into the first car.
South Carolina Car Accident FAQs
What Is My Financial Compensation Intended to Pay For?
The payouts are meant to cover any medical treatments, and vehicle damages, and compensate for pain and suffering faced from the accident.
What Are The Insurance Requirments for Motorists in South Carolina?
Drivers in South Carolina must carry the following coverage:
- At least $25,000 per person suffering bodily injury and $50,000 per accident
- At least $25,000 to cover property damage in an accident
Can A Bicyclist Be Held Accountable if They Are At Fault in the Crash?
Pedestrians and bicyclists can be at fault in crashes in South Carolina that involve cars.