South Carolina Car Accident
South Carolina Car Accident Fault
South Carolina has adopted the Proportional Comparative Fault at 51% standard of negligence. Proportional Comparative Fault at 51% means that if the injured party is 51% or more at fault for the car accident, he is absolutely barred from recovery for the other driver’s negligence.
SOUTH CAROLINA CAR INSURANCE REQUIREMENTS AND LIMITS
South Carolina Bodily Injury Liability Minimum Coverage
Personal Injury (single passenger): $25,000 in coverage for injury to an individual.
Personal Injury (multiple passengers): $50,000 in coverage for the driver and passengers in the car at the time of the accident.
Property Damage: $25,000 of minimum coverage.
South Carolina Small Claims Limit: Car accident claims under $7,500 should be filed in Small Claims Court.
South Carolina Personal Injury Statute of Limitations: The statute of limitations for personal injury claims in South Carolina is 3 years from the date the injury occurred, or the time the injury was discovered if it could not have been immediately discovered.
South Carolina Statutes Online: South Carolina General Statutes Section 56-5-1210 (Statute of Limitations for Personal Injury); South Carolina General Statutes 56-5-70, 56-5-1210, 56-5-1270 (Insurance Requirements); South Carolina General Statutes, Ch. 1A, Rules of Civil Procedure (Small Claims Procedure).
SOUTH CAROLINA CAR ACCIDENT REPORTS
South Carolina Police Reports: To obtain a copy of a car accident report filed by the police with the South Carolina Department of Motor Vehicles, complete a Request for Copy of Officer’s Report and mail it to the South Carolina Department of Motor Vehicles.
DMV: You must call the police if the car accident resulted in injury or death. If the car accident resulted in injury, death, or over $1,000 in property damage you must complete a Traffic Collision Report (Form FR-309) and mail it to the South Carolina Department of Motor Vehicles within 15 days of the car accident.
Insurance Notification: You should promptly notify your auto insurance company of a car accident. After a car accident in South Carolina, your insurance company must verify your coverage by completing a portion of the Traffic Collision Report before you submit the collision report to the South Carolina Department of Motor Vehicles. Additionally, your insurance company may have specific notification requirements, so you should check your insurance policy for these notice requirements.