How South Carolina's At-Fault Laws Effect A Charleston, SC and Summerville, SC Car Accident Injury Claim

Posted by Jay McMillian | Apr 07, 2018 | 0 Comments


Many persons are familiar with the differences that may exist between laws as you go from state to state. One of the many differences that exist between the laws of the states is the law of automobile insurance. Generally, the laws concerning automobile insurance fall into two separate types and generally effect how liability is used in reviewing a claim. The two types of automobile insurance law that exist among the states are known as “fault states” and “no fault states." There actually a few states that allow drivers to choose between these two systems, as it effects the automobile insurance policy terms and policy exclusions offered to the driver. It must be stated that a majority of the 50 states apply the "at-fault" system for the determination of liability and coverage of personal injury claims. South Carolina is an "at-fault" state. 


The distinction between “fault” and “no fault” can be very difficult to understand, especially if you have only had experience dealing with one system in your home state. However, the concepts of "fault" and "no-fault" become easier to understand when you recognize that state laws addressing these two concepts go more to the responsibilities of insurance companies than the prosecution and outcome of a personal injury claim.

For example, in a no fault state, the driver's insurance company would cover their own injuries regardless of who was out fault for the accident. In theory, no-fault states have removed any real need to determine who was negligent in causing the accident. Generally, drivers in no fault states are required to have personal injury protection (PIP), which provides the coverage for any injuries and medical expenses resulting from an accident. 

The McMillian Law Firm is known for compassionate and effective legal representation. Call us now at (843) 900-1306 or use the online form to schedule your free no-obligation case evaluation today.


In fault states (like South Carolina), the legal framework is designed to specifically hold a person who is at fault responsible for any injuries and damages resulting from an auto accident. In a fault state, if a driver is found to be at fault for causing the accident (negligence), the insurance company of the at fault driver is responsible for injuries or damages, including, but not limited to:

  • medical bills;
  • lost wages; or,
  • auto repairs.

Any monetary damages will be handled through the insurance companies. One additional consideration is that each state has its own laws establishing a minimum coverage amount for automobile policies. The amount of coverage provided by an automobile policy will be divided into three categories. The first category is typically the coverage amount for each injured individual. Next is the coverage amount per accident. Finally, there is the coverage amount for property damage resulting from the accident.

South Carolina law establishes the state required minimum coverages provided by an automobile policy to be at the amounts of 25,000/50,000/25,000. This means that:

  • $25,000 for each injured person;
  • $50,000 total for a single accident; and
  • $25,000 for any vehicle or property damage resulting from the accident.

Drivers in Charleston and Summerville should remember that these numbers represent the bare minimum required by law and that many drivers actually carry policy limits in excess of these state minimums (it is actually very prudent to carry extra coverage for legal protection). However, it is possible that the policy of the negligent driver might not even cover the full extent of injuries or damages from an accident. Should the injuries or property damage exceed the coverage amount of an at fault driver's insurance, then the injured driver would be need to bring an action in court in order to collect the difference


As a Car Accident and Personal Injury lawyer in my solo practice, I will take all necessary steps to protect your rights and earn just compensation for you as a result of your auto accident or injury. Through my efforts, I can bring about much needed financial relief to a victim who may be suffering from serious injuries and permanent disability. Being a small firm allows you to have direct access to your lawyer during this entire process, with open lines of communication as we work together towards a viable solution to your specific case. 

Being an experienced personal injury attorney, I have experience dealing with insurance companies. I also know where the courthouse is and will not be afraid to call the insurance company to the mat in front of a judge and jury if necessary.

If you or a loved one has been injured in a car accident or due to the negligent or reckless acts of another in Charleston, Summerville, Mount Pleasant, James Island, West Ashley, Goose Creek, Moncks Corner, North Charleston, or any of the other fine communities of the Low Country, and need to meet with an experienced personal injury lawyer, please contact me to set up your free case evaluation today. Let me help prevent you from being taken advantage of by the insurance company. I am serious and I am here for you! Contact The McMillian Law Firm today @ 843-900-1306

About the Author

Jay McMillian

Background I chose to build my law practice in the areas of Car Accident and Personal Injury because these areas of the law are the most accurate reflection of my values and my upbringing. Being the son of a breakfast hostess and a retired US Army Sargent turned construction worker, the values instilled upon me by my par...


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The McMillian Law Firm

Attorney Jay McMillian operates a solo practice with an emphasis on two core principles. First, to provide competent legal advice in the areas of Auto Accident and Personal Injury Law to the people he is proudest to serve, the people of the South Carolina Low Country. Second, to provide the most personal and intimate service to each and every client and give them the attention and compassion that they deserve while going through the stress and strain of negotiating or litigating an injury claim. If you live in Charleston, Summerville, Mount Pleasant, Goose Creek, James Island, Walterboro, Moncks Corner, and you or someone you love has been injured by the negligence of another, please call Jay at The McMillian Law Firm today.

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