Should I Admit Fault at the Scene of the Accident?

No. Even if you think you may be to blame, never say, “It was my fault” at the accident scene. You may not have all the facts. There could be other factors at play, like the other driver speeding or failing to signal. Instead: ● Focus on checking for injuries. ● Call emergency services. ● Exchange information with the other driver. ● Take photos or video of the scene, vehicles involved, and road conditions. ● Speak with police officers truthfully but briefly. Let your car accident lawyer handle all further communication on your behalf.

What is an FR-10 Form?

The FR-10 Insurance Verification Form is a green form that the police officer who responds to your car accident will give you to be filled out by your insurance company. The form verifies that you have proper liability insurance, as required by South Carolina financial responsibility laws. South Carolina laws require drivers or owners of cars involved in accidents to report the accident and submit the FR-10 Form to the South Carolina Department of Motor Vehicles within 15 days of the accident, regardless of who was at fault in the accident.

Does the Location of Vehicle Damage Indicate Fault?

Vehicle damage can provide clues about how the accident occurred, but it doesn’t always tell the whole story. For example: ● Rear-end collisions often suggest the rear driver is at fault. ● Side-impact crashes might show who failed to yield or ran a red light. ● Front-end damage on both cars could point to a head-on collision. Still, physical damage is only one piece of the puzzle. Other factors, such as weather conditions, skid marks, and the location of the accident, help determine fault more clearly.

How Does Fault Determination Affect Insurance Claims?

Fault in a car accident directly affects who pays for property damage, medical bills, and lost wages. If you’re found at fault, your insurance coverage will handle the damages (up to your policy limits), and your rates may go up. If you’re not at fault: ● You can file a claim with the at-fault driver’s insurance. ● You may get full compensation for bodily injury and vehicle repair. ● If the other driver is uninsured or underinsured, your own policy (like personal injury protection) may apply. That’s why it’s important to clearly establish fault from the beginning.

What Is the Difference Between At-Fault and No-Fault Insurance States?

South Carolina is an at-fault state. That means the driver's fault determines who pays for the damage. In no-fault states, each driver’s car insurance pays for their own medical expenses no matter who caused the crash. They usually carry personal injury protection (PIP). In at-fault states like South Carolina: ● The at-fault driver (or their insurer) is responsible for paying for injuries and losses. ● Fault must be clearly shown before a payout happens. ● Victims can sue the other party directly. Knowing the difference matters when dealing with insurance claims.

Can I Contest a Fault Determination Made by an Insurance Company?

Yes, you can dispute it. If an insurance company wrongly says you were at fault, you don’t have to accept their decision. Here’s how to respond: ● Ask the company for the evidence used to decide the fault. ● Provide your own photos, witness statements, and police report. ● Hire a car accident lawyer to challenge the decision. ● File a complaint with the South Carolina Department of Insurance, if needed. You don’t have to deal with the other insurance company alone. Getting legal help can make a big difference in establishing fault.

How Police Help Determine Fault in S.C. Car Accidents

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When the dust settles after a car accident, one of the first questions asked is Who was at fault? It’s a question that can determine everything, from whose insurance pays the bills to whether you’re entitled to compensation for your injuries. But in the chaos of spinning tires, broken glass, and shaken nerves, the truth can get buried fast.

Fault isn’t just about pointing fingers; it’s about uncovering the facts, interpreting the law, and protecting your rights. Understanding how fault is determined can help protect your rights and ensure fair treatment by insurance companies.

At Joye Law Firm Injury Lawyers, our experienced car accident lawyers work closely with clients throughout South Carolina to help them understand fault, navigate dealing with insurance companies, and secure the maximum available compensation.

If you’ve been injured in a crash, schedule a free consultation today to discuss your legal options with a member of our experienced team.

How Our Accident Lawyers Determine Who Is At Fault

Our auto accident attorneys carefully investigate every case to establish who is responsible. South Carolina follows a modified comparative negligence rule, meaning a person can recover damages as long as they’re less than 51% at fault. To build a strong car accident case, we focus on obtaining:

The official police report detailing the wreck
Eyewitness statements from bystanders and passengers
Traffic laws relevant to the incident
Vehicle damage analysis to understand impact points and crash dynamics
Photos or videos from the accident scene, including traffic cams, dashcams, and cell phones
Black box data, which may show speed, braking, and other activity in the moments leading up to the collision
Skid marks or debris from the crash to help reconstruct the accident
Driving records of the involved drivers, including past infractions or prior accidents
Toxicology reports to determine whether alcohol or drugs played a role
Traffic citations or arrests made at the scene
Vehicle maintenance records, especially in cases involving commercial trucks or defective parts
Weather conditions and roadway hazards at the time of the crash
Insurance policy documents to evaluate coverage and potential liability limits
Medical records to link your injuries directly to the accident

We communicate with insurance companies, oppose unfair fault claims, and help clients avoid saying anything that could harm their case.

How Do Insurance Companies Determine Who Is At Fault?

Insurance companies determine fault by reviewing all available evidence and comparing it to the terms of their liability insurance policies. Here’s how the process usually works:

Claims adjusters review police reports, statements, photos, and repair records.
They examine vehicle damage to understand the point of impact.
They look at statements from involved parties and witnesses.
They check if any traffic laws were broken, such as speeding or failing to stop at a stop sign.
Adjusters often utilize accident reconstruction tools to recreate the accident scene.

However, the process isn’t always fair. An insurance carrier may side with their own client. That’s why having a car accident lawyer is essential to protect your side of the story.

Can Multiple Parties Share Fault in an Accident in South Carolina?

Yes. In South Carolina, multiple parties can share responsibility for a crash. This is where our state’s modified comparative negligence comes into play.

Here’s how it works: If you are found 30% at fault and the other driver is 70% at fault, you can still recover damages.

Common Examples of Shared Fault:

Two or more drivers making unsafe maneuvers (e.g., speeding, running red lights, or failing to yield).
A vehicle manufacturer whose defective part, like faulty brakes, airbags, or tires contributed to the crash.
A trucking company that failed to properly maintain a commercial vehicle or overworked a driver who caused a crash.
A government entity is responsible for poorly maintained roads, missing signage, or obstructed traffic signals.
A rideshare company whose negligent driver caused or contributed to the accident.

As long as you are less than 51% at fault, you can still recover damages under South Carolina law. However, the court could reduce your award based on your percentage of fault. Our attorneys work to carefully evaluate the details and minimize any blame assigned to you.

How Can an Injury Attorney Help With the Assignment of Fault?

It’s important to understand that the decision about each driver’s share of fault is a subjective decision. Whatever the percentage, it’s a number negotiated between the adjusters involved. It’s an important number because the determination of comparative fault influences how much money an insurance company is willing to pay to settle a claim.

An experienced personal injury attorney at Joye Law Firm can investigate your car accident and present information to the insurance adjusters to show the other driver’s actions primarily caused the crash. Our goal is to minimize any fault on your part. This underscores the importance of working with an experienced car accident injury lawyer who has handled many settlement negotiations.

Most cases are successfully resolved through negotiations out of court, but if the insurance company’s settlement offer is too low, then we will file a car accident lawsuit and ask a court to order the insurance company to pay for all of your losses related to the accident. Negotiations to settle an injury claim may continue after a lawsuit has been filed and during preparations for trial. Some insurers don’t get serious about settling a case until it is ready for trial.

If your injury case goes to trial, then a South Carolina jury will evaluate the facts of the accident and decide what share of fault each driver has in an accident. The jury will assign fault. If a jury awards $100,000 in damages in an accident but decides that the injured party was 40 percent responsible for the accident, then the amount awarded would be reduced to $60,000.

South Carolina Modified Comparative Negligence breakdown