Comparative Negligence in Claims in South Carolina

South Carolina Insurance Overview

South Carolina uses modified comparative fault with a 50% bar. The state has one of the highest uninsured driver rates in the country, making its mandatory uninsured motorist coverage requirement especially important. South Carolina has a 3-year statute of limitations for both personal injury and property damage claims.

Key South Carolina Laws

• South Carolina follows a modified comparative fault rule with a 50% bar (S.C. Code § 15-38-15).
• Uninsured motorist coverage is mandatory in South Carolina and must be offered at liability limits.
• South Carolina has one of the highest uninsured driver rates in the country, making UM coverage particularly important.

How to File Comparative Negligence in Claims in South Carolina

How comparative negligence affects your insurance settlement, the difference between pure and modified comparative fault, and how to argue against unfair fault assignments.

In South Carolina, it's critical to understand the state's at-fault (tort) system and the 3-year personal injury statute of limitations when pursuing comparative negligence in claims. Missing these deadlines can result in a complete loss of your right to compensation.

1. Document everything immediately — Gather all evidence, photos, police reports, and medical records relevant to your comparative negligence in claims in South Carolina.
2. Report to your insurer promptly — Report to insurer within 30 days; police report required for accidents with injury or damage over $1,000. Delays can jeopardize your claim under SC law.
3. Know your South Carolina rights — Under South Carolina's at-fault (tort) system, your recovery may be affected by your percentage of fault.
4. Contact the South Carolina Department of Insurance — If your insurer acts unfairly, file a complaint at https://doi.sc.gov or call (803) 737-6160.
5. Use InsurifyAI — Get AI-generated demand letters, settlement estimates, and claim coaching tailored to South Carolina law.