Car accidents can happen in an instant, but the financial aftermath can linger for months or even years. If you are involved in a crash in Myrtle Beach, one of the first questions that may come to mind is simple: Who pays for the damage?
Understanding how liability and insurance work in South Carolina can help you make informed decisions during a stressful time. Whether you are a local resident or a visitor enjoying the Grand Strand, it is important to know how the system works and what steps to take after a Myrtle Beach car crash.
Understanding South Carolina’s Fault System
South Carolina follows a fault based system for car accidents. This means that the person who caused the crash is legally responsible for the resulting damages. Those damages can include medical bills, vehicle repairs, lost wages, and even pain and suffering.
In practical terms, this usually means that the at fault driver’s insurance company will be responsible for paying valid claims. Drivers in South Carolina are required to carry minimum liability insurance coverage. This coverage is meant to pay for injuries and property damage the policyholder causes to others.
The minimum required coverage in South Carolina includes:
- Bodily injury liability per person
- Bodily injury liability per accident
- Property damage liability
While these minimums provide a starting point, serious accidents can easily result in costs that exceed basic policy limits.
What If You Are Not at Fault?
If another driver caused the crash, you have several options for pursuing compensation.
First, you can file a claim with the at fault driver’s insurance company. This is the most common approach. The insurance adjuster will investigate the crash, review police reports, speak with witnesses, and evaluate medical records before making a settlement offer.
Second, you may use your own insurance coverage if you carry certain types of protection. For example, if you have collision coverage, your insurer may pay for your vehicle repairs and then seek reimbursement from the other driver’s insurer through a process known as subrogation.
You may also have uninsured or underinsured motorist coverage. This type of coverage can help if the at fault driver does not have insurance or does not have enough insurance to cover your losses.
What If You Are Partially at Fault?
Accidents are not always clear cut. Sometimes both drivers share some responsibility. South Carolina uses a legal principle called modified comparative negligence.
Under this rule, you can still recover compensation as long as you are less than 51 percent at fault for the crash. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20 percent responsible and your total damages are $10,000, you would be eligible to recover $8,000.
If you are found to be 51 percent or more at fault, you cannot recover damages from the other driver.
This system makes evidence especially important. Police reports, photos from the scene, witness statements, and even traffic camera footage can play a significant role in determining who pays.
Medical Bills After a Myrtle Beach Car Crash
One of the biggest concerns after any crash is medical expenses. Even a seemingly minor accident can result in costly treatment, including emergency room visits, diagnostic tests, physical therapy, and follow up care.
If you have health insurance, your policy may initially cover your treatment. However, your health insurer may later seek reimbursement if you receive a settlement from the at fault driver.
If you have medical payments coverage through your auto policy, often called MedPay, it can help cover immediate medical expenses regardless of who caused the crash.
It is important to keep detailed records of all medical treatment and expenses. This documentation will be crucial if you file an insurance claim or seek legal help from a personal injury lawyer in Myrtle Beach.
Vehicle Repairs and Property Damage
After a Myrtle Beach car crash, your vehicle may need repairs or may even be declared a total loss. If the other driver is at fault, their property damage liability coverage should pay for repairs up to their policy limits.
If you use your own collision coverage, you will typically have to pay a deductible. Your insurer may later recover that deductible from the at fault driver’s insurance company.
In cases where the damage exceeds the vehicle’s value, the insurance company may declare it a total loss and offer you the actual cash value of the car before the accident. This value is based on factors such as age, mileage, and condition.
Rental car expenses may also be covered, depending on the policies involved.
What Happens If the At Fault Driver Has No Insurance?
Although insurance is required in South Carolina, some drivers still operate vehicles without valid coverage. If you are hit by an uninsured driver, you may need to rely on your own uninsured motorist coverage.
Uninsured motorist coverage is mandatory in South Carolina and is designed to step in when the at fault driver cannot pay. Underinsured motorist coverage is optional but highly recommended. It provides additional protection if the at fault driver’s policy limits are too low to cover your damages.
Without this coverage, recovering compensation from an uninsured driver can be extremely difficult, especially if the driver lacks significant personal assets.
Understanding potential compensation is important, and reviewing typical payouts can give you a clearer picture of what to expect after an accident—see personal injury wrongful death payouts for real settlement insights.
Can You Sue After a Myrtle Beach Car Crash?
In many cases, insurance claims are resolved through negotiations. However, if the insurance company denies your claim or offers a settlement that does not fairly cover your losses, you may have the option to file a lawsuit.
South Carolina has a statute of limitations for personal injury claims. In most cases, you have three years from the date of the accident to file a lawsuit. Failing to act within this time frame could prevent you from recovering compensation.
Litigation can be complex and time consuming, so it is often considered a last resort. Still, it remains an important option if negotiations do not lead to a fair outcome.
If negotiations fail and you decide to file a claim, it’s helpful to know the timeline—learn more about how long a personal injury lawsuit takes and what to expect.
Steps to Protect Yourself After a Crash
Knowing who pays after a Myrtle Beach car crash is important, but taking the right steps immediately after the accident can protect your rights.
If you are involved in a crash, consider the following:
- Call law enforcement so there is an official report
- Seek medical attention, even if injuries seem minor
- Exchange information with the other driver
- Take photos of the scene, vehicles, and any visible injuries
- Notify your insurance company promptly
Avoid admitting fault at the scene. Determining liability requires a full investigation, and statements made in the moment can sometimes be misunderstood or used against you later.
Final Thoughts
A car crash in Myrtle Beach can disrupt your life in unexpected ways. From medical bills to car repairs, the financial impact can be overwhelming. Understanding South Carolina’s fault system, insurance requirements, and comparative negligence rules can help you navigate the process with greater confidence.
In most cases, the at fault driver and their insurance company are responsible for paying damages. However, your own insurance coverage can also play a key role, especially if the other driver is uninsured or underinsured.
Every accident is unique, and the details matter. Taking prompt action, keeping thorough records, and understanding your options can make a meaningful difference in how smoothly the recovery process unfolds.
