When an out-of-state driver causes a car accident in South Carolina, the responsible driver’s auto liability insurance is usually the first source of compensation. You may also have coverage through your own policy, including uninsured or optional underinsured motorist protection. The amount available depends on fault, policy terms, insurance limits, and applicable law. If you were hurt in Myrtle Beach, South Carolina, you can pursue a claim even when the other driver lives in another state.
A visiting driver must obey South Carolina traffic laws. A North Carolina, Georgia, or Florida license plate does not change that obligation. Claims can become more involved when another state’s insurance limits, a rental vehicle, or service of legal papers is at issue.
Does South Carolina Law Apply to an Out-of-State Driver?
South Carolina traffic rules apply to vehicles operated on its roads. If a visitor runs a red light on Kings Highway in Myrtle Beach and injures another motorist, the visitor’s state of residence does not excuse the driving conduct. Negligence claims arising from a South Carolina collision will commonly be evaluated under South Carolina law, although insurance-contract questions can involve another state’s law.
To establish negligence, you generally need evidence that a driver owed a duty of reasonable care, breached that duty, caused the crash, and caused compensable losses. Photographs, witness accounts, crash reports, and medical records can help establish those elements.
Whose Insurance Pays After an Accident With an Out-of-State Driver?
The at-fault driver’s bodily injury and property damage liability coverage is normally the starting point. Bodily injury coverage may pay for qualifying medical costs, lost earnings, and other supported injury damages. Property damage coverage may address vehicle repairs or replacement, subject to the policy and liability findings.
The At-Fault Driver’s Liability Insurance
South Carolina Code Section 38-77-140 sets minimum limits for automobile policies subject to that section:
- $25,000 for bodily injury to one person in an accident.
- $50,000 for bodily injury to two or more people in one accident.
- $25,000 for property damage in one accident.
These minimums are often called 25/50/25 coverage. They do not automatically increase the limits on every policy issued in another state. The insurer must review the visiting driver’s policy and any provisions or applicable laws that affect coverage.
Coverage Through Your Own Policy
Even when you did not cause the accident, your own insurance may be relevant:
- Uninsured motorist coverage may apply if the responsible driver has no applicable liability insurance, subject to the policy and legal requirements.
- Underinsured motorist coverage may help if the responsible driver’s available limits are insufficient and you purchased applicable coverage.
- Medical payments coverage, if included in your policy, may pay covered medical costs.
- Collision coverage, if purchased, may address covered vehicle damage subject to deductibles and policy provisions.
Under Sections 38-77-150 and 38-77-160, South Carolina automobile policies must include uninsured motorist protection, while insurers must offer optional underinsured motorist coverage. The coverage and claims procedures require an individual policy review.
What If the Visiting Driver Has Lower Insurance Limits?
A driver insured in another state may carry different minimum liability limits. If the crash causes serious injuries or involves several injured people, the available liability insurance may not pay all supported losses.
For example, when medical treatment and lost income exceed the driver’s available bodily injury limits, you may need to investigate optional underinsured motorist coverage, another liable driver’s policy, an applicable business or employer policy, or other legally responsible parties. A claim against a driver’s personal assets can sometimes exist, but collection beyond policy limits may be challenging.
Key point: An out-of-state license plate does not decide who pays. Fault, applicable insurance policies, and the evidence determine the practical sources of recovery.
Can You File a Claim With an Insurance Company in Another State?
Yes. You can generally present a liability claim to the out-of-state driver’s insurer after a South Carolina collision. You may communicate with an adjuster based elsewhere, supply photographs and medical records, and request applicable coverage details.
The insurer may dispute fault, medical causation, the extent of injuries, or the policy limits. Keep copies of all correspondence and be cautious about signing broad medical authorizations or a final release before you understand your losses.
For a related explanation of the claims process, see:
/blog/step-by-step-guide-to-filing-a-car-accident-claim-in-south-carolina/
What Happens If Both Drivers Share Fault?
South Carolina generally uses modified comparative negligence. You may recover when your fault does not exceed 50%, with the amount reduced by your assigned percentage. A driver more than 50% responsible is generally barred from recovery under this rule.
For example, if your proven damages total $100,000 and you are found 20% responsible, the adjusted damages would generally be $80,000 before insurance limitations and other applicable adjustments. The percentages depend on the evidence, not simply on an adjuster’s first assessment.
Read more about fault allocation:
/blog/how-fault-is-determined-in-south-carolina-car-accident-cases/
Can You Sue an Out-of-State Driver in South Carolina?
Often, yes. A nonresident who causes a collision while operating a motor vehicle in South Carolina may be subject to legal proceedings in the state. Section 15-9-350 provides a method of serving process on certain nonresident motorists through the Director of the Department of Motor Vehicles.
Jurisdiction, service requirements, and where a lawsuit should be brought depend on the facts. Filing against an individual driver is distinct from submitting a claim to an insurance carrier. Legal counsel can evaluate both steps.
What Compensation Could You Recover?
Depending on the evidence and applicable law, a personal injury claim may address:
- Past and reasonably supported future medical expenses.
- Lost wages and reduced earning capacity.
- Rehabilitation, medications, and related treatment expenses.
- Property damage and qualifying out-of-pocket expenses.
- Physical pain, emotional suffering, and loss of enjoyment of life.
A claim’s value depends on the severity and duration of injury, proof of liability, medical evidence, the effects on your work and daily life, shared fault, and available coverage. No particular settlement amount is assured.
What Should You Do After a Crash With a Visiting Driver?
- Check for injuries and call 911 when emergency assistance is needed. Seek medical care appropriate to your symptoms.
- Report the accident to law enforcement when required and keep the report number.
- Exchange names, contact details, license plate numbers, states of registration, and insurance information.
- Photograph the vehicles, road conditions, signals, and visible damage when it is safe. Collect witness details.
- Notify your insurer according to applicable reporting requirements and keep copies of communications.
- Save medical records, bills, repair estimates, income records, and receipts.
- Consider legal guidance before accepting a final settlement or signing a release, especially if treatment remains ongoing.
A settlement that resolves an injury claim may also release future claims relating to that collision. Review its scope before agreeing.
How Long Do You Have to File a South Carolina Lawsuit?
For many personal injury lawsuits, Section 15-3-530 sets a three-year limitations period. The date when the claim accrues and special statutory rules can affect the calculation. Claims involving a governmental defendant, a death, or another exception may follow different timelines.
The deadline for filing a lawsuit is not the same as the notice deadline in an insurance policy. Notify the appropriate parties promptly and obtain advice about the deadlines applicable to your particular claim. Video footage, vehicle data, and witness memories can also become harder to preserve over time.
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Frequently Asked Questions About Out-of-State Driver Accidents
Does the At-Fault Driver Have to Return to South Carolina?
Not for every step. Some insurance matters and court procedures may proceed without the driver appearing in person each time. Whether the driver must attend a deposition, hearing, or trial depends on the case and court requirements.
What If the Visiting Driver Was Using a Rental Car?
The driver’s personal policy, rental agreement, optional rental protections, and other applicable insurance may affect coverage. The rental company is not automatically liable simply because it owns the vehicle.
Can an Injured Passenger Make a Claim?
Yes. An injured passenger may have a claim against one or more negligent drivers. The evidence and available policies determine which claims may be supported.
What If the Out-of-State Driver Will Not Cooperate?
You may still pursue available legal options. Independent witnesses, photographs, reports, insurance records, and formal court procedures may help establish what occurred.
Speak With a Myrtle Beach Car Accident Attorney
If an out-of-state driver injured you in Myrtle Beach, North Myrtle Beach, or another nearby South Carolina community, McCutchen Vaught Geddie & Hucks, P.A. can review the circumstances, explain possible insurance coverage, and discuss potential claims. The firm maintains offices in Myrtle Beach, North Myrtle Beach, and Litchfield.
Request a personal injury consultation by visiting the contact page:
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This article is general information, not legal advice. Reading it does not create an attorney-client relationship.
