People are generally free to drive between states as they wish, and a driver from another state might hit a driver in South Carolina. If you are involved in an accident with an out-of-state driver, insurance claims and lawsuits are possible, but they might be a bit more confusing. You should call a lawyer for assistance as soon as possible.
The fact that the other driver is not from South Carolina does not make a huge difference in your insurance options. You may still file a claim with the other driver’s liability coverage, as auto insurance policies typically apply in any state. The only significant difference might be state minimum coverage requirements. You may also sue the other driver even though they are from another state. If the accident happened in South Carolina, you may sue them in this state. Not only that, but South Carolina laws will likely apply to the case, not the laws of the other driver’s home state.
Start your case with a free initial review from our South Carolina car accident lawyers with Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.
Can I File an Insurance Claim with an Out-of-State Driver’s Insurance?
In general, you may file an insurance claim as long as the other driver has auto insurance. This includes drivers from other states. However, other states may have different insurance requirements, and the other driver might have different policy limits.
The other driver’s insurance might have lower limits than yours. In that case, you might be unable to get all your damages covered through an insurance claim. Even so, insurance policies often have coverage for out-of-state accidents so that they meet another state’s policy minimums. Our South Carolina car accident lawyers may review your policy and the other driver’s policy to figure out how to file your claim.
Otherwise, the rules are more or less the same. After an accident with an out-of-state driver, you can file a third-party claim with their liability insurance, like you would with most other drivers.
What if the Other Driver is From a No-Fault Insurance State?
As described above, insurance laws and policy requirements vary from state to state. While many insurance policies include coverage for out-of-state accidents, they may also adhere to different laws regarding how drivers file claims.
Some states are “no-fault states,” and drivers are required to carry no-fault insurance, often called personal injury protection (PIP) insurance. In these states, both drivers in an accident must file claims with their own PIP coverage instead of filing third-party claims with the other driver’s insurance. In these states, drivers do not need to prove fault when filing no-fault claims.
This can be a bit confusing for drivers in South Carolina, which is a fault-based state. However, if the other driver is from a no-fault state, this is unlikely to affect your insurance claim. Even no-fault states usually require drivers to carry liability coverage and can file a third-party claim with their insurance.
Can I Sue an Out-of-State Driver After a Car Accident in South Carolina
Insurance might not be your only option after a car accident with an out-of-state driver. If they do not have insurance, do not have enough insurance, or your claim is denied for some reason, you may file a civil injury lawsuit against them.
Generally, people can file a lawsuit in the state where the accident occurred. If you live in South Carolina, you likely will not have to go to another state to pursue fair financial compensation. Since the accident occurred within South Carolina, the state has jurisdiction over the case even though the defendant is not a resident of the state.
By the same token, if the other driver decided to sue you for the accident, which is a possibility, they would likely have to do so in South Carolina.
What Happens if an Out-of-State Driver Leaves South Carolina After an Accident?
Although the accident occurred in South Carolina, and you may file a lawsuit against the other driver here, they do not have to remain in South Carolina indefinitely. Generally, the other driver is free to return home. However, this should not stop you from taking legal action.
Be sure to get the other driver’s information right away. Even if they leave the state and return home, you can still file an insurance claim or lawsuit.
If they leave without being identified, you should contact the police. If they fled the accident scene before the police arrived, they may be facing charges for a hit and run. Once the police find them and properly identify them, we can move forward with an insurance claim or lawsuit.
What if I am Partially Responsible for an Accident with an Out-of-State Driver
Car accidents are rarely black-and-white, and more than one driver might be at fault. If the other driver claims that you somehow contributed to the accident, you should still be able to recover damages, but they may be reduced according to comparative negligence laws.
Different states may have different comparative or contributory negligence laws. In some states, a plaintiff may not recover anything if they are even the slightest bit at fault. Generally, comparative negligence laws of the state where the accident happened may apply.
In South Carolina, according to S.C. Code Ann. § 15-38-15(A), your damages may be reduced according to your share of fault, if any. However, if your fault exceeds that of the defendant, you may be barred from recovery. As long as you are less than 50% responsible for the accident, you may still recover damages.
How an Attorney Can Help You with an Accident Case Involving an Out-of-State Driver
A South Carolina lawyer can help you begin your case by locating the other driver, if necessary. If you exchanged information with them at the accident scene, this should be fairly easy. However, if they fled the scene, we may have to involve the authorities.
Once we begin your insurance claim or lawsuit, our legal team can communicate with the other driver, their insurance, and their attorney. You should not have to make any direct contact with the defendant.
Speak to Our South Carolina Car Accident Attorneys for Legal Help Now
Start your case with a free initial review from our Rock Hill, SC car accident lawyers with Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.
