Getting into a car accident is stressful, and one of the first questions that comes to mind is:
“Who is going to pay for the damage to my car?”
The answer isn’t always simple. It depends on who caused the accident, what type of auto insurance coverage is available, and how South Carolina law applies to your situation.
If you’ve been in a car accident in Charleston or anywhere in South Carolina, understanding your legal and insurance options can be the key to avoiding serious financial strain.
Understanding South Carolina’s At-Fault Insurance Laws
In South Carolina, liability for car repairs depends largely on who is at fault.
South Carolina follows a modified comparative negligence system when determining fault and compensation in personal injury or car accident cases. If you are partly to blame for your accident, your financial recovery may be reduced.
- You can recover damages only if you are 50% or less at fault for the accident.
- If you are found to be 51% or more at fault, you are barred from recovering any compensation
If you were at fault for the accident, or if no one was clearly to blame, you may need to rely on your own insurance. This is where your optional collision coverage comes into play. Unlike liability insurance, which pays for damage you cause to others, collision coverage pays for your own vehicle repairs regardless of fault. Using your collision coverage usually means paying a deductible before coverage applies.
If it’s later determined that the other driver was at fault, your insurer may try to recover those costs through a process known as subrogation (and you may get your deductible back).
If you don’t have collision coverage, you could be left paying out of pocket unless the other driver is clearly responsible.
What If the Other Driver Doesn’t Have Insurance?
While South Carolina requires all drivers to carry liability insurance, not everyone complies. If you’re hit by someone who doesn’t have coverage, you may be forced to use your own uninsured motorist property damage coverage (UM PD). Many drivers aren’t even aware of whether they have this coverage, but it can provide a crucial safety net when the other driver can’t cover your losses.
Will Insurance Pay for a Rental Car or Towing?
Yes, if the proper coverage is in place, and if the other driver is at fault, their insurance should pay for:
- Rental car expenses while your vehicle is being repaired
- Towing and vehicle storage costs
If you’re using your own insurance, coverage will depend on whether you’ve added rental reimbursement and roadside assistance to your policy. Always keep receipts and request reimbursement when applicable.
How Are Car Repairs Paid?
Once insurance coverage is confirmed, here’s how the process typically works:
- Inspection: Your car is examined by a repair shop or insurance adjuster to assess the damage.
- Estimate: A cost estimate for repairs is created and shared with the insurance company.
- Approval: The insurance company approves the work and issues payment—either to you or directly to the repair shop.
- Repairs Begin: Once everything is in place, your car goes in for repair.
Total Loss Situations
If the repair costs are too high (usually more than the car is worth), the insurance company may declare your vehicle a “total loss” and pay you the value of your car instead of fixing it.
How Can Legal Help Make a Difference After a Car Accident?
After a car accident, you may be dealing with injuries, medical bills, car repairs, and uncooperative insurance companies—all at once. It can be overwhelming, and knowing your rights is essential.
At Bringardner Injury Law Firm, we assist clients in navigating the legal and insurance process by helping them understand available coverage, pursuing compensation for vehicle damage and injuries, and working to ensure their interests are protected.
If you’re unsure who should cover the cost of your car repairs or what steps to take next, we offer free consultations to help you make informed decisions. Call us today to speak with our team and learn how we may be able to assist.
