Is South Carolina A No-fault State?
Is South Carolina a No-Fault State
South Carolina is not a no-fault state for auto insurance claims. Instead, it operates under a traditional fault-based system, meaning the driver responsible for an accident is liable for damages. This system impacts how claims are processed and compensation is awarded.
How Fault Is Determined
In South Carolina, fault is determined through evidence such as police reports, witness statements, and traffic laws. The state follows a modified comparative negligence rule, which means if you are found partially at fault, your compensation may be reduced proportionally.
- Police reports and evidence
- Witness accounts
- Traffic violation records
Implications for Drivers
Drivers in South Carolina must carry liability insurance to cover damages they may cause to others. Since it is not a no-fault state, injured parties can sue the at-fault driver for medical expenses, lost wages, and other damages.
Understanding South Carolina's fault-based system is crucial for residents to ensure they have adequate insurance coverage and know their rights following an accident.