South Carolina Fault Rule
Modified Comparative Negligence (51% Bar): South Carolina follows a 51% modified comparative negligence standard with a 3-year statute of limitations. A plaintiff may recover damages if their fault is 50% or less; recovery is barred at 51%.
Statute of Limitations
3 Years (S.C. Code Ann. § 15-38-15 & § 15-3-530): Claimants must finalize settlement agreements or initiate formal civil actions within 3 years of the collision date.
Statutory Insurance Minimums
25/50/25 ($25k bodily injury / $50k per accident / $25k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in South Carolina
When negotiating auto accident claims in South Carolina, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under South Carolina Code § 15-38-15, contributory negligence does not bar recovery if that negligence was not greater than the defendant's negligence. Damages allowed are diminished in proportion to the percentage of negligence attributable to the claimant. S.C. Code § 15-3-530 establishes a 3-year deadline from the crash date to settle or file a motor vehicle tort action. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.