When you’re involved in a car accident in South Carolina, your medical costs, lost wages, and other expenses can pile up quickly. One term you may come across is PIP Insurance, or Personal Injury Protection Insurance. It’s often associated with no-fault states; but how is it handled in a fault insurance state like South Carolina?
This article explains what PIP Insurance is, how it works in South Carolina, alternatives you might need, and what steps you should take after a crash.
What Is PIP Insurance?
Personal Injury Protection Insurance (PIP Insurance) is a type of insurance that covers medical costs, lost income, and sometimes funeral costs regardless of who caused the automobile accident. PIP Insurance is mandatory in some no-fault states, where drivers turn to their own insurance provider after a crash regardless of fault.
However, PIP Insurance operates very differently in South Carolina.
Does South Carolina Require PIP Insurance?
No, South Carolina does not require PIP Insurance. In fact, South Carolina is a fault insurance state, which means the fault driver responsible’s liability insurance is typically responsible for paying for bodily injury and damages.
But there is something similar to PIP Insurance in South Carolina known as Medical Payments Coverage (commonly referred to as MedPay).
MedPay: South Carolina’s Alternative to PIP Insurance
Even though PIP Insurance is not required or commonly used in South Carolina, Medical Payments Coverage (MedPay) can serve a similar purpose. Here’s how they compare:
| Feature | PIP Insurance(Not available in SC) | Medical Payments Coverage(Available in SC) |
| Coversmedical costs | ✅ | ✅ |
| Covers lost wages | ✅ | ❌ |
| Covers funeral expenses | ✅ | ✅ (limited) |
| CoversEssential services(e.g., childcare) | ✅ | ❌ |
| Fault required? | ❌ (No-fault state) | ❌ (No-fault state) |
MedPay helps cover your medical costs after an auto accident, no matter who was at fault, and it can be added as an optional coverage on your insurance policy.
Benefits of MedPay in South Carolina
If you don’t have health insurance coverage, or if your health insurance policy includes high-deductible health insurance plan deductibles, MedPay Insurance can be especially helpful. Benefits include:
- Immediate insurance payments of medical costs
- No need to wait for insurance claim approvals
- Coverage for people in your car as well
- Faster reimbursement than liability insurance insurance claim
However, MedPay has Coverage Limits. It doesn’t cover lost wages, pain and suffering, or long-term care. For that, you’ll need to pursue potential compensation through the fault driver responsible’s liability insurance or consider a personal injury claim.
How Fault Works in South Carolina Accidents
In South Carolina, accident claims revolve around determining who caused the crash. The state follows a comparative negligence rule:
- If you are less than 51% at fault percentage, you can still recover financial compensation.
- Your recovery is reduced by your percentage of fault.
For example, if you’re 20% at fault in an automobile accident and your total damages are $50,000, you may recover $40,000.
This fault insurance system means MedPay can provide faster help with medical costs, but for larger claims, you’ll need to prove fault.
What Insurance Coverage Is Required in South Carolina?
While PIP Insurance is not mandatory, South Carolina requires all drivers to carry:
Liability Insurance
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for accident in property damage
Uninsured Motorist Coverage
- Same Coverage Limits as liability insurance
- Helps if you’re hit by an uninsured driver for damages
Drivers may also purchase:
- Underinsured Motorist Coverage
- MedPay (Medical Payments Coverage)
- Optional coverage
Is PIP Insurance Worth Getting in South Carolina If Available?
Since South Carolina doesn’t offer or require traditional PIP Insurance, the closest comparison is MedPay. Whether you should opt for it depends on your situation:
Consider MedPay if:
- You want quick access to funds for medical costs
- You don’t have strong health insurance coverage
- You often transport passengers in your vehicle
Remember, MedPay is relatively inexpensive, and claims are generally processed quickly without the need to prove fault.
When Can You Sue After a Car Accident in South Carolina?
Unlike PIP Insurance systems where lawsuits are limited, South Carolina allows you to sue the fault driver responsible for damages like:
- Medical costs
- Wage loss
- Pain and suffering
- Property damage
Even if you have MedPay, it’s not a substitute for filing a personal injury claim to recover fair compensation, especially for long-term bodily injury or emotional distress.
Steps to Take After an Accident in South Carolina
If you’re injured in a motor vehicle accident, here’s what you should do:
- Call 911 and get medical care
- Gather evidence (photos, Witness statements, police report or crash report)
- Notify your insurance provider
- Avoid giving recorded statements to the other insurance provider’s insurance adjuster
- Talk to a personal injury attorney to understand your legal options
MedPay may help in the short term with medical treatment, but to ensure full and fair compensation, you’ll want guidance navigating insurance claims and legal action.
Common Misconceptions About PIP Insurance in South Carolina
“I thought all states required PIP Insurance.”
No – only no-fault states mandate PIP Insurance. South Carolina is a fault insurance state.
“If I’m not at fault, my insurance provider shouldn’t pay.”
While that’s true in general, MedPay is a no-fault state insurance coverage, meaning your own insurance provider pays regardless of who’s responsible for the auto accident.
“MedPay will cover everything.”
MedPay has Coverage Limits, usually ranging from $1,000 to $10,000, and doesn’t include wage loss or long-term effects of bodily injury.
“I have health insurance coverage – why do I need MedPay?”
Health insurance coverage may not cover all costs immediately, while MedPay can bridge that gap and reduce out-of-pocket expenses for medical care.
How to File a MedPay Claim
Filing a MedPay claim in South Carolina is typically straightforward:
- Notify your insurance provider promptly
- Submit hospital bills, receipts, and reports for medical treatment
- Follow your insurance provider’s documentation process
- Receive reimbursement up to your Coverage Limits
MedPay claims often have no deductible, and they don’t increase your insurance premium simply for using the insurance coverage.
What About Passengers and Pedestrians?
MedPay insurance coverage in South Carolina can extend to:
- Passengers in your vehicle
- You, as a pedestrian, if hit by a vehicle
- Family members, depending on your auto policy
This adds a layer of financial protection that’s especially helpful if the fault motorist is uninsured or underinsured.
Statute of Limitations in South Carolina
If you are considering a personal injury lawsuit after an auto accident, you need to act within 3 years of the accident date. This applies to both personal injury claims and accident in property damage claims.
Failing to act within this timeframe may permanently bar you from recovering any financial compensation.
How Ted Law Firm Can Help
After a car accident, navigating insurance claims and understanding coverage options like MedPay can be overwhelming. At Ted Law Firm, we work with injured individuals to help them pursue financial compensation and navigate the legal action system confidently. We proudly represent families in Aiken, Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta, advocating for accident victims across South Carolina. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
