If you are involved in an accident with an out-of-state driver, it can raise a lot of immediate questions. You might be unsure about where to turn, or confused about which laws apply. The good news is that, in most cases, if the wreck occurred in South Carolina, then South Carolina law applies. This means you can file a personal injury claim in South Carolina courts, and the at-fault driver can be held legally responsible here, even if they live in another state. Their insurance coverage must respond to the claim, and in some cases, represent them in SC court. In cases where the other driver had little or no insurance, your own uninsured or underinsured motorist coverage may provide an additional layer of protection.
Since 1968, Joye Law Firm Injury Lawyers has represented injured South Carolinians in serious car accident and personal injury claims, securing over half a billion dollars in settlements and verdicts for accident victims. This includes a multi-million-dollar settlement for a Hanahan man who was struck head-on by an out-of-state trucker on I-526. Our attorneys got involved in this case early on and were able to file an injunction, preventing the company from moving the vehicle to their corporate headquarters. This allowed us to preserve critical evidence that helped our legal team obtain this life-changing result. Our award-winning legal team builds every case with the expectation that the insurance company will be challenged on liability and damages.
When an out-of-state driver causes serious injuries, our experienced legal team works to navigate the added complexities and pursue the full compensation for your injuries under South Carolina law.
How Do Accidents Involving Out-Of-State Drivers Differ From a Typical South Carolina Car Accident?
At first glance, a crash with an out-of-state driver may look like any other car accident on South Carolina roads. The same police respond. The same ambulance transports injured victims. The same medical providers treat serious injuries. The difference appears once the insurance claim begins.
An out-of-state accident raises questions about:
- Which state laws apply?
- Which insurance requirements control?
- Where must a personal injury lawsuit be filed?
- How to locate the at-fault driver’s insurance coverage?
If the accident occurred in South Carolina, South Carolina state law usually governs the claim. That means South Carolina courts have jurisdiction, and local laws on negligence, liability insurance, and damages apply. However, the other driver’s auto insurance policies were issued in another state. That can affect insurance details, policy limits, and available coverage.
When the at-fault vehicle is an out-of-state commercial truck or company vehicle, the case can become more complex. These claims may involve federal regulations enforced by the Federal Motor Carrier Safety Administration, multiple layers of insurance, and evidence like driver logs or black box data that must be preserved quickly.
Hiring an attorney early on is critical. Legal teams can send spoliation letters, secure time-sensitive evidence, and identify all available insurance coverage before key information is lost or destroyed.
Which State’s Law Applies After a Crash With an Out-of-State Driver?
If the car accident occurred within South Carolina’s borders, South Carolina law generally governs the legal action. This includes the rules on fault and damages.
South Carolina applies a modified comparative negligence standard. Under South Carolina Code § 15-38-15:
- You can recover damages only if you are 50% or less at fault.
- Your compensation can be reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover damages.
Even if the other driver lives in another state, South Carolina courts can hear the case when the accident happened here. This is because the driver chose to use South Carolina roads and is subject to local laws while driving here.
Can You File a Personal Injury Claim in South Carolina Courts Against an Out-of-State Driver?
Yes. If the accident occurred in South Carolina, you can usually file a personal injury claim in South Carolina courts. The at-fault driver does not get to avoid responsibility simply because they hold a license plate from another state. When someone drives here, they agree to follow South Carolina traffic laws. If they cause serious injuries, they can face legal action in state courts.
In many cases, your car accident attorney will deal directly with the at-fault driver’s insurance company without filing a lawsuit. However, if the insurance claim does not lead to fair compensation, filing a personal injury lawsuit in South Carolina may be necessary.
Local car accident attorneys understand filing deadlines, court procedures, and how judges handle these cases. That local knowledge matters when an insurance provider tries to delay or deny a valid claim.
What Insurance Coverage Applies When the Other Driver Lives in Another State?
The at-fault driver’s insurance coverage is based on the policy issued in their home state. Each state sets minimum liability insurance requirements. Some states require lower limits than South Carolina.
However, many auto insurance policies automatically adjust to meet the minimum insurance requirements of the state where the crash occurred. That means the at-fault driver’s insurance may provide at least the minimum liability insurance required under South Carolina law.
If the at-fault driver carries insufficient insurance, your own uninsured or underinsured motorist coverage may apply. This part of your auto insurance can step in when the other driver’s coverage is not enough to cover medical expenses, property damage, and lost income.
