Table of Contents
Key Takeaways
- South Carolina is an at-fault state, so the driver who caused the crash and their insurer are responsible for your losses.
- A South Carolina crash is handled under South Carolina law even when the other driver lives out of state.
- Under modified comparative negligence, you can recover only if you are not more than 50% at fault, and your recovery is reduced by your share of the blame.
- Every South Carolina auto policy must include uninsured motorist coverage, which can help when the at-fault driver does not have insurance.
- You generally have three years from the date of the crash to file a car accident claim in South Carolina.
- Marcari, Russotto, Spencer & Balaban handles South Carolina car accident claims for residents and visitors alike, and we work to sort out who pays.
South Carolina is an at-fault state, so the driver who caused your crash is responsible for the damages. During the summer tourist season, this simple answer becomes complicated. The highways toward Myrtle Beach, Charleston, and Hilton Head fill with out-of-state visitors, rental cars, golf carts, and drivers who carry only the minimum coverage their home state requires. If one of them hit you, you are left hurt, far from home, and unsure whose insurance is supposed to cover a South Carolina car accident.
You do not get to pause while you heal. An adjuster may call before you know the full extent of your injuries, and being unfamiliar with South Carolina roads can feel like it will be held against you. The vehicle damage, the medical bills, and the lost days at work add up quickly, and the driver who caused it may live three states away.
Sorting out who pays is the work we do. We handle South Carolina accident claims for people hurt on these highways, including visitors from out of state and residents struck by out-of-state or rental drivers. We identify every insurance policy that applies, from the at-fault driver’s liability coverage to your own insurance coverage, and we deal with the insurers so you can focus on your recovery. Marcari, Russotto, Spencer & Balaban knows how South Carolina fault and insurance rules decide who pays after a tourist-season crash.
Why Are South Carolina Highways More Dangerous in Tourist Season?
South Carolina roads carry heavy crash numbers every year. In a recent reporting year, the South Carolina Department of Public Safety counted more than 143,000 traffic collisions statewide. Summer adds pressure to that total, because millions of visitors drive in for the beaches and the historic cities, and much of that traffic funnels onto a handful of corridors.
The busiest tourist routes include:
- Interstate 95, the main north-south route through the state
- Interstate 26, which connects the Upstate to Charleston
- U.S. 17, the coastal highway along the Grand Strand and the Lowcountry
- U.S. 501, the direct line into Myrtle Beach
- S.C. 31, the Carolina Bays Parkway near the coast
More cars mean more drivers who do not know these roads. Rental cars, RVs, and out-of-state plates share lanes with local commuters, and unfamiliar drivers miss exits, brake late, and change lanes without warning. Each out-of-state driver adds another layer to the question of who pays when a crash happens.
Who Pays When a Visiting Driver Causes Your South Carolina Crash?
South Carolina uses a fault-based system, which means the driver who caused the crash carries financial responsibility for it. Their liability insurance is the first place to look for payment. In a tourist-season crash, the hardest part is figuring out which drivers and which policies are involved.
What If the At-Fault Driver Lives Out of State?
A crash on a South Carolina road is governed by South Carolina law, no matter where the other driver lives. You file your claim here, in the state where the crash happened, and the at-fault driver’s insurance still applies. That works in both directions. We can pursue a claim for a visitor injured while passing through, and we can pursue one against a visiting driver who caused a resident’s injuries.
Who Pays in a Rental Car, RV, or Rideshare Crash?
Coverage depends on who was at fault and what they were driving. When the at-fault driver was in a rental car or an RV, their liability insurance usually applies first, and the rental company’s coverage or a policy bought at the counter may add to it. A rental car crash can involve several policies at once. When a rideshare driver caused the collision, the company’s insurance may apply, and the amount available depends on whether the driver was waiting for a request, heading to a pickup, or carrying a passenger.
Can You Still Recover If You Were Partly at Fault?
South Carolina follows modified comparative negligence. You can still recover if you were partly to blame, as long as your fault share is 50% or less. Your recovery is then reduced by that percentage. If a jury or an adjuster decides you were 20% at fault for a crash with $100,000 in damages, you recover $80,000. Cross above the halfway mark, and you cannot recover at all.
For a visitor, the worry about being blamed for the crash is real. Being unfamiliar with South Carolina roads does not automatically make you at fault, and the other side still has to prove your share with evidence. For crashes arising after January 1, 2026, South Carolina also allows a jury or court to weigh the fault of people who are not named in the lawsuit, which can change how responsibility is divided.
What Happens If the Other Driver Has Too Little Insurance?
South Carolina sets low minimum limits, and many drivers carry only the least the law allows. Every driver must hold liability and uninsured motorist coverage at these minimums:
- $25,000 for injury to one person
- $50,000 for total injuries in one crash
- $25,000 for property damage
Those numbers can be used up quickly when a serious injury is involved. This scenario is where your coverage helps. South Carolina requires uninsured motorist coverage on every policy, and it can pay when the at-fault driver has no insurance or leaves the scene. Underinsured motorist coverage is optional, but it fills the gap when the other driver has some insurance but not enough. Depending on how many vehicles you insure, you may be able to combine, or stack, those coverages. These benefits can help cover medical bills, lost income, and pain and suffering when a visiting driver’s policy falls short.
What Should You Do After a Crash Away From Home?
A few steps protect your claim before you head home:
- Call 911 and ask for a police report at the scene.
- If law enforcement does not investigate, file SCDMV Form FR-309 within 15 days when the crash caused injury, death, or more than $1,000 in property damage.
- Photograph the vehicles, the road, the traffic signs, and your injuries.
- Keep your rental agreement, your receipts, and any record of your trip.
- Get medical care in South Carolina before you travel home, even if you feel able to drive.
- Avoid giving a recorded statement to the other driver’s insurer until you have spoken with a lawyer.
Evidence is harder to gather once you are hundreds of miles away, so the record you build on the day of the crash carries weight later.
Frequently Asked Questions About South Carolina Tourist Car Accidents
Is South Carolina a No-Fault State for Car Accidents?
No. South Carolina is an at-fault state. The driver who caused the crash is responsible for the losses, and South Carolina car accident laws do not require personal injury protection the way no-fault states do. You pursue the at-fault driver’s insurance rather than filing through your own policy first.
How Long Do I Have to File a South Carolina Car Accident Claim?
You generally have three years from the date of the crash. That deadline is the statute of limitations set by S.C. Code Section 15-3-530. Miss it, and the court can refuse to hear your car accident claim. Living out of state does not extend the deadline, so it helps to act early.
Do I Have to Return to South Carolina to Handle My Claim?
Usually not. A local firm can handle a car accident claim in South Carolina while you recover at home in another state. We gather the police report, deal with the insurers, and keep the case moving without asking you to travel back for every step.
Who Pays if I Was Hurt as a Passenger in Someone Else’s Car?
The driver who caused the crash pays, and as a passenger you can file against that driver’s liability insurance. Sometimes fault is shared between two drivers, which means you may have a claim against both. If those policies do not cover your damages, the uninsured or underinsured motorist coverage on the car you were riding in may also apply.
Get Help With Your South Carolina Car Accident Claim
A tourist-season crash leaves you dealing with injuries and insurance questions far from home, and the three-year filing deadline runs from the day of the crash. We identify who pays, work with the out-of-state and rental insurers, and protect the evidence before it fades. Marcari, Russotto, Spencer & Balaban serves South Carolina from offices in Charleston, Columbia, and Greenville. Call 855-435-7247 or use our online contact form for a free case evaluation.
Written By Donald Marcari
Don is the Senior Managing Partner at Marcari, Russotto, Spencer & Balaban. He gained national attention when his exploits as a defense attorney with the U.S. Navy JAG Corps became the basis for “A Few Good Men.”
