As South Carolina car accident lawyers, every single day we see how important insurance is in the case of an unexpected accident. There are two important South Carolina laws to keep in mind when it comes to motor vehicle insurance and compensation after a car wreck:

  1. Every SC motorist is required by law to carry minimum auto liability insurance and uninsured motorist coverage, discussed in greater detail below. (38-77-140)
  2. South Carolina runs on a modified comparative negligence system, meaning that in order to seek compensation after a wreck, you must be found no more than 50% at-fault for the accident. (15-38-15).

This article will discuss the different insurance coverages available after an unexpected car accident, debunk common myths, and more.

If you or a loved one was hurt in an unexpected accident that you did not cause, reach out to our team today at (803) 888-2200. We offer free case evaluations directly with an award-winning car accident attorney, and we’re happy to answer any questions you may have and guide you in the right direction.

Who Pays Your Compensation After a Car Accident?

Oftentimes, people assume that if you file a car accident claim, the at-fault party will have to pay for your damages out of pocket. This is a common misconception.

Generally, compensation comes from the at-fault party’s insurance company. However, oftentimes, they don’t make that process easy on you. They may try to lowball you or even get you to admit partial fault to limit or deny your claim. Having an experienced attorney on your side helps protect you and your goals for the case.

Minimum Liability Coverage in South Carolina

According to state law, every driver must have at least:

  • $25,000 in coverage per person for bodily injury
  • $50,000 in coverage for all persons injured in a single accident, and
  • $25,000 in coverage for all property damage from an accident

This is commonly referred to as South Carolina’s 25/50/25 law. This liability insurance helps cover damages like medical bills, lost wages, property damage and more in the case that you cause an accident.

In addition, every driver must have uninsured motorist coverage (UIM), equal to the minimum amounts of liability coverage: 25/50/25. This insurance coverage protects you in the case that you are hit by an uninsured driver or in a hit-and-run accident.

Important note, if you were hit by a commercial vehicle, tractor-trailer or other truck, things get more complicated. Call our office at (803) 888-2200 to speak with a reputable truck accident attorney and learn more.

Examples of How Minimum Liability Coverage Works in Car Accident Cases

In many car accident cases, the cost of your damages can quickly exceed the minimum liability policy coverage. 

For example, if you were hit by a distracted driver, went to the emergency room, and were diagnosed with a broken arm requiring surgery, prescription medications, and physical therapy, you can very quickly exceed that $25,000 of bodily injury coverage. 

Another common example is with property damage. Let’s say that your car’s estimated value is $50,000 before the accident, but it gets totaled in the accident. That $25,000 minimum property damage limit would not be sufficient to cover the value of your vehicle pre-accident.

So, what happens if your damages exceed minimum liability coverage?

Additional Insurance Options Available to Protect Yourself in the Case of an Accident

One thing you may consider doing is increasing the amount of uninsured coverage (UM) you purchase. This helps protect you in the case that an uninsured driver hits you and your damages exceed that 25/50/25 coverage. Typically, your uninsured coverage must match your liability coverage, meaning that increasing your UM may require you to also increase your liability limits.

In addition, you may want to consider purchasing underinsured motorist coverage (UIM). This is an optional form of insurance that can be used if the person who hits you does not have enough insurance coverage to compensate you for the damages resulting from the accident.

In this video, Cavanaugh & Thickens, LLC Partner and Attorney Joe Thickens explains what underinsured motorist coverage is and how it can help you and your loved ones in the case of an unexpected car wreck:

Two other optional coverages on your own policy that can help you in the case of an accident are Medical Payments (MedPay) and Personal Injury Protection (PIP). These are optional coverages you can add to your policy to help recover any out-of-pocket medical expenses after an accident.

Additional Insurance That May be Available to You After an Accident That You Did Not Cause

In addition to the at-fault party’s liability limits and your policy, the at-fault driver may have:

  • Excess Liability Coverage
  • Umbrella Policies, and
  • Other assets

Your lawyer will work to identify all forms of insurance coverage available to help compensate you after an accident.

In this video, Partner and Attorney Steve Krzyston explains the different forms of insurance coverage that may be available to you.

Get the Help and Compensation You Deserve After a Car Accident

At Cavanaugh & Thickens, LLC, we put people first, not large insurance companies. Let our team fight to get you the justice and compensation you deserve after a car accident. 

Get your free case evaluation directly with an award-winning South Carolina personal injury attorney today by calling (803) 888-2200 or starting a chat on our website and a member of our team will be in touch with you shortly. 

With hundreds of 5-star reviews, decades of combined experience, and millions recovered for clients throughout South Carolina, you can trust that our team will have your back throughout your case and beyond.

With offices in Columbia, Mount Pleasant and Greenville, our lawyers travel to and represent clients throughout the state.

Client Focused. Results Driven.

Disclaimer: This article is presented for informational purposes only and is not legal advice.

Author – William H. Yarborough, Jr

My name is Will Yarborough, and I am a partner and personal injury attorney at Cavanaugh & Thickens, LLC. My practice primarily focuses on car and truck accident cases, and I represent injured people across the state of South Carolina.

I’m committed to ensuring that every single client gets the compensation and justice they deserve following serious and unexpected accidents.

You don’t have to go through the aftermath of an accident on your own. If you have any questions about the information in this article or are interested in becoming a client at Cavanaugh & Thickens, LLC, give me a call today. I’d be honored to help.