South Carolina Auto Insurance Law: What to Know About Chargeable Accidents

South Carolina's Chargeable Accident Definition

In South Carolina, a chargeable accident is any collision that creates a claim against a driver's auto insurance policy, regardless of fault. The state's statute requires insurers to cover damages up to the limits of the policy, including bodily injury and property damage, when a claim is filed.

Coverage Limits and Policy Types

South Carolina mandates a minimum of $25,000 for bodily injury liability per person and $50,000 per accident, plus $25,000 for property damage. These limits apply to both liability and uninsured/underinsured motorist coverage. Policyholders may opt for higher limits; insurers must honor the stated amounts.

Filing a Claim After an Accident

Within 30 days of a chargeable accident, the driver must notify their insurer in writing and provide a police report if one was filed. Failure to report within this window can lead to denial of coverage. Once reported, the insurer must investigate and respond within a reasonable timeframe, typically 30 days.

Determining Fault and Comparative Negligence

South Carolina follows a comparative negligence rule. If the driver is found partially at fault, the insurer will still pay up to the policy limits, but the driver's recovery may be reduced by their percentage of fault.

Uninsured and Underinsured Motorist Coverage

South Carolina requires drivers to carry uninsured motorist coverage equal to the minimum liability limits. This protects them if the at‑fault driver has no insurance or insufficient coverage. Underinsured motorist coverage must also meet the minimum limits and applies when the at‑fault driver's policy limits are lower than the damages incurred.

Insurance Premium Implications

Reporting a chargeable accident can result in higher premiums. Insurers may increase rates based on the driver's claim history, the severity of the accident, and the policy's deductible. Drivers can mitigate rate hikes by maintaining a clean driving record and considering higher deductibles.

Legal Recourse Beyond Insurance

If an insurer denies a legitimate claim or fails to pay within the statutory period, the driver may file a complaint with the South Carolina Department of Insurance or pursue legal action in civil court. The statute of limitations for filing a lawsuit is three years from the date of the accident.

Key Takeaways for South Carolina Drivers

• Report any chargeable accident within 30 days.
• Ensure policy limits meet or exceed state minimums.
• Understand comparative negligence impacts on payouts.
• Keep documentation, including police reports and medical records.
• Know your rights under uninsured/underinsured motorist provisions.