South Carolina · Comparative fault · Updated Oct 2026
Comparative fault in South Carolina: who pays when both drivers share the blame
How modified comparative fault with a 51% bar works in South Carolina, the law behind it and how insurers apply it.
Short answer
In South Carolina, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).
- Rule
- Modified (51% bar)
- You recover nothing at
- 51% of the fault or more
- Law
- Case law: Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) - you can recover if your negligence is not greater than the defendant's, reduced by your share; restated by the S.C. Court of Appeals in Ross v. Paddy, Op. No. 3135 (2000) on sccourts.org. No statute states the rule (S.C. Code § 15-38-15 refers to the plaintiff's comparative negligence when splitting fault).
- Insurance system
- Fault (tort)
Insurance and small claims in South Carolina
No PIP is required. South Carolina auto insurance works under tort law: the at-fault driver's liability insurance pays for injuries (including medical bills, lost wages and pain and suffering) and property damage they cause.
Small claims limit for car damage in South Carolina: $7,500 in Magistrate Court; businesses have the same limit. South Carolina small claims guide on Small Claims Map
How fast an insurer must handle a claim in South Carolina
- S.C. Code § 38-59-20 lists improper claim practices, including not acknowledging claim communications with reasonable promptness (also for third-party claims), not adopting standards for prompt investigation and settlement, and not trying in good faith to settle promptly and fairly when liability is reasonably clear.
- No fixed day count was found in the statute.
If the insurer says you were partly at fault
- Get the police report. Request the officer's collision report from the SCDMV online, at any SCDMV branch, or by mailing two copies of form FR-50 with a $10 check or money order per report. Reporting a crash in South Carolina and getting the police report
- Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
- If the insurer blames you without a good reason, complain to South Carolina Department of Insurance, Office of Consumer Services.
- Sue before the deadline: 3 years for both property damage and injury. Deadlines to sue in South Carolina, with the calculator
Who pays in South Carolina: fault and payout explainer
Free help in South Carolina
Questions about comparative fault in South Carolina
Is South Carolina a comparative negligence state?
Yes, modified comparative negligence with a 51% bar. Case law: Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) - you can recover if your negligence is not greater than the defendant's, reduced by your share; restated by the S.C. Court of Appeals in Ross v. Paddy, Op. No. 3135 (2000) on sccourts.org. No statute states the rule (S.C. Code § 15-38-15 refers to the plaintiff's comparative negligence when splitting fault).
Where can I complain if an insurer blames me unfairly in South Carolina?
South Carolina Department of Insurance, Office of Consumer Services: https://doi.sc.gov/8/Consumers · 1-800-768-3467
How fast must an insurer handle a car insurance claim in South Carolina?
S.C. Code § 38-59-20 lists improper claim practices, including not acknowledging claim communications with reasonable promptness (also for third-party claims), not adopting standards for prompt investigation and settlement, and not trying in good faith to settle promptly and fairly when liability is reasonably clear. No fixed day count was found in the statute.
How do I get the police report in South Carolina?
Request the officer's collision report from the SCDMV online, at any SCDMV branch, or by mailing two copies of form FR-50 with a $10 check or money order per report. The report is available only after the SCDMV receives and processes it. Online requests work only for crashes on or after March 22, 2012; if you have an out-of-state license or don't know your SCDMV customer number, call 803-896-5000. Official page: https://www.dmv.sc.gov/vehicle-owners/collision-reports
More for South Carolina drivers
- All car accident rules in South Carolina
- Reporting a crash
- Uninsured driver
- Deadline to sue
- Comparative negligence in every state
- How to file a car insurance claim
- Deadline calculator
- Insurance claim letter
- Police report request letter
Nearby states
- S.C. Code §§ 38-77-140, 38-77-150, 38-77-160; SC Department of Insurance, Automobile Insurance
- S.C. Code Title 56, Chapter 5 (crash reports)
- S.C. Code Title 38, Chapter 77 (auto insurance minimums, UM/UIM)
- S.C. Code Title 56, Chapter 10 (uninsured vehicles, penalties)
- S.C. Code Title 15, Chapter 3 (time limits)
- S.C. Code Title 15, Chapter 78 (Tort Claims Act)
- S.C. Code § 15-38-15 (apportioning fault)
- S.C. Code § 38-59-20 (improper claim practices)
- SC Department of Insurance: Auto FAQ
- SC Department of Insurance: Consumer alert, what to do after an auto accident (2016)
- SCDMV: Requesting a collision report
- S.C. Court of Appeals: Ross v. Paddy, Op. No. 3135 (2000), citing Nelson v. Concrete Supply
- S.C. Code Title 56, Chapter 19 (§ 56-19-480, total loss)
Last checked: Oct 24, 2026.