Letting someone else drive your car might seem harmless,maybe a friend borrows it to run an errand, or a family member uses it in an emergency. But what happens if they get into a car accident in South Carolina while behind the wheel? The answer depends on various factors, including insurance policies, policy limits, the relationship between the driver and vehicle owner, and who is ultimately at fault.
South Carolina Is a Fault-Based State
South Carolina follows a fault-based insurance system, meaning the driver who caused the accident is financially responsible for resulting damages. When fault drivers are determined, their liability insurance typically covers damages. But what if the driver isn’t the owner of the car? That’s where things can get legally and financially complicated.
Who Pays for Damages?
In South Carolina, auto insurance coverage follows the vehicle, not necessarily the driver. This means your auto insurance policy may be the primary coverage in the event of an accident,even if someone else was driving.
However, your policy limits determine how much your insurer will pay. If the damage or injuries exceed your coverage limits, the secondary coverage,typically the driver’s own auto insurance,may come into play.
For instance, if your friend causes an accident that results in high medical bills, your insurer may cover up to the policy’s bodily injury and property damage limits. Beyond that, the driver responsible might have to use their own insurance provider to cover remaining expenses.
The Role of Insurance Companies
Dealing with an insurance company after an accident involving a non-owner driver can be stressful. Insurers will review police reports, witness statements, and other documentation to determine fault and financial responsibility.
Your insurance company may attempt to deny the claim if the person driving didn’t have explicit permission to use the vehicle or was driving it for commercial purposes, like food delivery, which may not be covered under a personal auto insurance plan.
Some insurance companies also evaluate whether the driver has a bad driving record or is an unlicensed driver, which could affect your insurance rates and potential claim approval.
Situations That Affect Liability
Here are some specific situations and how they can impact liability coverage:
1. Permissive Driver
If the individual had your consent, they’re a permissive driver, and your insurance policies likely apply. Even still, your insurance coverage might not be enough to cover repair costs, personal injuries, or vehicle damage in a serious crash.
2. Uninsured Motorist Coverage
If the accident involves another at-fault driver who lacks insurance, your uninsured motorist coverage or underinsured motorist coverage could help pay for injury per person, injury per accident, and even personal insurance-related costs.
3. Commercial Use of the Vehicle
If your car was used for commercial purposes, like ridesharing or deliveries, you’ll need a commercial auto insurance policy or commercial insurance policy. Otherwise, your insurance claims may be denied.
Shared Liability and Vicarious Responsibility
South Carolina law recognizes vicarious liability, which means vehicle owners may be held accountable for the actions of someone driving their car. If that driver caused the crash and lacks sufficient insurance coverage, you may face financial burdens or lawsuits.
Even if you weren’t present, you could be drawn into legal complications, especially if the injured party files a claim for fair compensation. It’s vital to have adequate insurance and understand the legal responsibilities of lending your car.
Important Coverage Types to Consider
- Collision coverage – Pays for vehicle damage to your own car.
- Comprehensive coverage – Covers non-collision-related damage (e.g., weather or theft).
- Medical payments coverage – Helps cover medical attention costs.
- Liability coverage – Required in South Carolina to cover property damage and bodily injury to others.
- Underinsured motorist coverage – Helps when the at-fault party lacks sufficient liability limits.
If your insurer finds out that the driver used the car without permission or for business, they may deny the claim for validation purposes. This may lead to financial consequences or disputes over insurance claims.
Legal Help Can Make the Difference
Navigating these situations is rarely easy. There are often questions about insurance provider responsibilities, who was truly at fault, and what your legal options are moving forward.
Speaking with an experienced car accident attorney can help you assess your potential liability and pursue the fair compensation you may deserve.
What If the Driver Was At Fault?
If the at-fault driver was someone you allowed to use the car, and they were negligent, both you and the driver could face legal consequences. Even if your auto insurance policy is valid, the insurer may argue that the crash occurred under disqualifying conditions.
You might also have to prove that the person driving was a valid driver and had person permission to use the car. In some cases, a claim may be rejected unless there is proof like an insurance card, accident scene photos, and police reports.
What You Should Do After the Accident
If someone else has an accident while driving your car in South Carolina:
- Contact your insurance agent and file a report.
- Collect all necessary documents,police reports, medical records, and witness statements.
- Make sure the driver involved is a licensed driver.
- Avoid discussing fault with the insurance adjuster before consulting with a personal injury lawyer.
- Seek legal guidance to protect your financial future.
Need Help Understanding Liability After an Accident?
At Ted Law Firm, we know how complex South Carolina auto liability laws can be. Our team is ready to review your case and deal with the insurance company on your behalf. Whether you’re the vehicle owner or someone caught in legal crossfire, we’re here to support you.
Serving areas across Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta, Ted Law Firm is here to support clients across South Carolina and Georgia. We take pride in offering honest, reliable legal guidance during difficult times. When you need someone to lean on, Ted Law Firm is ready to stand by your side.
Contact Ted Law Firm today for a consultation!
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.
