Whether Partial Fault Ruins Your Claim
Posted August 11, 2026 in Car Accident
Under S.C. Code Section 15-38-15, South Carolina follows a modified comparative negligence rule. You can still recover damages as long as your share of fault is 50 percent or less, though your recovery gets reduced by that same percentage. Cross into 51 percent or more, and you recover nothing at all.
For example, if a jury or adjuster finds you 20 percent at fault on a $100,000 case, you would still recover $80,000. If that percentage instead landed at 51 percent, the same case would be worth nothing, regardless of how serious the underlying injuries actually were.
An Aiken car accident lawyer treats this 50-percent line as one of the most consequential numbers in any car accident case, since insurance adjusters know that pushing a claimant’s fault percentage past that specific mark eliminates the claim entirely.
How Does South Carolina Differ From Nearby States?
South Carolina’s 51-percent bar is actually one percentage point more forgiving than Georgia’s rule, which cuts off recovery at 50 percent or more fault rather than 51 percent. That single percentage point can matter considerably in a genuinely close case where fault is disputed between two drivers.
Insurance companies operating across multiple states are well aware of these small differences, and adjusters sometimes apply the wrong state’s threshold when handling claims near a state border, which makes confirming the correct standard an important early step. A claim mistakenly evaluated under a stricter neighboring state’s rule can result in a lowball offer that does not reflect what South Carolina law actually allows.
What Insurance Coverage Does South Carolina Require?
South Carolina requires every driver to carry uninsured motorist coverage alongside standard liability coverage, with minimum limits of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. This coverage becomes especially important when the at-fault driver has no insurance or insufficient coverage to pay for the harm they caused.
Underinsured motorist coverage, which is optional in South Carolina unless it is specifically purchased, can also help cover the gap when an at-fault driver’s policy limits fall short of the actual damages.
How Do Multiple At-Fault Parties Affect a Case?
When more than one party shares fault for an accident, South Carolina law generally holds each defendant responsible only for their own percentage of the harm, as long as that defendant’s fault is less than 50 percent. A defendant found 50 percent or more at fault can be held responsible for the entire award, which matters considerably when one defendant has more available insurance coverage than another.
This rule makes identifying every potentially liable party quite important, since a case involving multiple defendants can mean multiple insurance policies available to pay a claim.
What Evidence Helps Establish a Lower Fault Percentage?
Because fault percentage directly determines both eligibility and the amount of recovery, strong evidence matters considerably. Useful evidence typically includes:
- The police accident report and any citations issued at the scene
- Photos of the accident scene, vehicle damage, and road conditions
- Witness statements from people who observed the collision
- Traffic camera or dashcam footage, if available
- Vehicle data recorder information showing speed and braking
How Does Woron and Dhillon, LLC Approach These Cases?
Fault allocation shapes the value of nearly every single South Carolina car accident claim, which is why building a strong record of fault matters from the very beginning of any case. Woron and Dhillon, LLC investigates the specific facts of each crash to keep a client’s fault percentage as low as the evidence actually supports.
What Should Your Next Step Be?
Understanding South Carolina’s 51-percent rule can shape how you approach settlement negotiations after a crash occurs and insurance adjusters get involved. If you were hurt in an accident in the Aiken area, an Aiken car accident lawyer can review the facts of your case and help you understand where your claim stands.