You were hurt in an accident that wasn’t really your fault. Then the insurance adjuster calls and starts hinting that you’re the one to blame. Maybe they say you were speeding, distracted, or should have seen it coming. It’s frustrating, and deep down, you’re wondering, if they pin some of this on me, do I lose everything?
Here’s the good news. In South Carolina, sharing part of the blame doesn’t automatically end your case. The rule that governs this is called comparative negligence, and understanding how it works can help you avoid accepting far less than you deserve. Our experienced Greenville personal injury lawyers at McCravy, Newlon, & Clardy offer a free consultation, so you can get straight answers before you pick up the phone for the insurance company again.
What South Carolina Comparative Negligence Actually Means
South Carolina follows the modified comparative negligence rule. In plain terms, you can still recover compensation as long as you’re not more than 50% at fault for the accident. If your share of the blame reaches 51% or more, you are unable to recover. If you’re partly at fault but stay under that line, your recovery is reduced by your percentage of fault.
This wasn’t always the law here. In Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), the Supreme Court adopted the doctrine of comparative negligence and overruled South Carolina’s long-standing rule of contributory negligence. That older rule was brutal, barring injured individuals from recovering anything if they were even slightly at fault. Under the approach we use today, a plaintiff in a negligence action may recover damages if his or her negligence is not greater than the defendant’s, and the amount of recovery is reduced in proportion to the plaintiff’s negligence.
A Simple Example of How Fault Reduces Your Recovery
Say your total damages (medical bills, lost wages, and pain and suffering) add up to $100,000. If the insurance company convinces a jury you were 20% responsible, your recovery drops by 20%, leaving you $80,000.
Now you can see why that fault percentage matters so much. Push your share to 51%, and you walk away with nothing. A few percentage points can be the difference between a fair recovery and an empty-handed exit. That’s exactly why fault is worth fighting over.
How South Carolina’s Rule Compares to Other States
It helps to see where South Carolina sits next to two other systems.
In pure comparative negligence states, an injured person can recover damages regardless of how much they’re at fault. A pure system of comparative negligence permits the plaintiff to recover, regardless of the percentage of the plaintiff’s fault. South Carolina is stricter than that.
At the other extreme is contributory negligence. Under the contributory negligence rule, the plaintiff cannot recover any damages if they contributed in any way to the incident, even when they were found to be only 1% negligent. Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia. South Carolina is far more forgiving.
Our state lands in the middle. You’re protected unless your fault crosses the 51% line, which gives most injured individuals real room to recover, even when the other side tries to share the blame.
Why Insurance Companies Love to Argue You Were at Fault
Once you understand the math, insurance tactics start to make sense. Every percentage point of fault they shift onto you lowers what they have to pay. Get you to 51%, and they pay nothing.
So adjusters look for any opening. They may take a recorded statement and twist your words, argue you weren’t paying attention, or claim your injuries aren’t related to the crash. None of that means they’re right. It means they have a financial reason to make you look responsible.
You don’t have to face those tactics alone. Worried the insurance company is blaming you? Call 866-MCCRAVY for a free consultation with McCravy, Newlon, & Clardy, which has 30 years of experience serving South Carolina.
Don’t Wait Too Long to Act
South Carolina also puts a deadline on injury claims. For most personal injury cases, the statute of limitations is three years (S.C. Code Ann. § 15-3-530). Let that deadline pass, and even the strongest case can be shut out of court entirely.
Some exceptions can shorten or extend the clock, and actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or, by the exercise of reasonable diligence, should have known that he had a cause of action. Because those details matter, it’s smart to talk with an attorney early. Waiting also makes evidence harder to gather, as witnesses move and memories fade.
Common Questions About Fault and Injury Claims in South Carolina
What if I were partly at fault for my accident?
You may still have a case. As long as you’re not more than 50% responsible, South Carolina law allows you to recover, though your compensation is reduced by your share of fault. Don’t assume you have no claim just because the other side is pointing fingers.
Who decides my percentage of fault?
If your case settles, fault is negotiated between your attorney and the insurance company. If it goes to trial, the jury assigns the percentages. Either way, strong evidence and steady advocacy can help keep your share of the blame as low as the facts allow.
How much does it cost to talk to a lawyer?
Your first consultation is free. We’ll review what happened, explain your options, and answer your questions, with no pressure and no obligation.
Talk to a Greenville Personal Injury Team That Does This the Right Way
Fault arguments are won with evidence: accident reports, photos, witness accounts, and sometimes accident reconstruction. Our attorneys know how to gather that proof and push back when an insurer tries to pin the blame on you. We believe in an honest, straightforward approach, and we’ll tell you where your case really stands.
From our Greenville office at 2 Butternut Drive and six other locations across South Carolina, we represent injured individuals throughout the state. Whether you’re in Greenville, Spartanburg, Anderson, or somewhere nearby, help is close.
If an insurance company is trying to blame you for your own injuries, don’t accept their version of events. Call 866-MCCRAVY today for a free consultation with McCravy, Newlon, & Clardy. There’s no obligation, and we’ll help you understand your rights.