You got into a car accident. You’re shaken up, maybe hurt, and now the insurance company tells you the crash was your fault. That can feel frustrating—especially if you don’t think you did anything wrong. But here’s the thing: just because they say it’s your fault doesn’t make it true.
In South Carolina, the question of who caused an accident isn’t always apparent. And if you’re being blamed, it’s important to know your rights and what steps you can take next.
Understanding South Carolina’s Fault Laws
South Carolina uses a rule called “modified comparative negligence.” That means more than one person can be at fault in a crash, and your ability to recover money depends on your share of the blame.
If the insurance company says you were more than 50% at fault, they don’t have to pay you anything. If you were 50% or less at fault, you can still recover money—but your compensation will be reduced by your percentage of fault. For example, if you were 30% at fault, your payment would be reduced by 30%.
Insurance companies know this rule and sometimes use it to reduce how much they have to pay. That’s why it’s so important to challenge blame that isn’t fair or accurate.
What You Can Do If You’re Blamed
First, don’t panic or argue with the insurance adjuster. Take a step back and gather what you have. Do you have photos of the scene? Witness names? A copy of the police report? These details matter.
You should also be careful about what you say. Don’t admit fault, even casually. Something as simple as “I didn’t see them coming” can be twisted later. Stick to the facts and avoid guessing.
If you don’t agree with the insurance company’s version of what happened, you have the right to fight back. That might mean hiring a lawyer, especially if you were injured or facing serious repair bills. A lawyer can help you gather more evidence, talk to witnesses, and work to prove that the insurance company’s claim isn’t accurate.
Being blamed for a car accident can feel like adding insult to injury—especially when you know the story doesn’t add up. You don’t have to accept it. There are ways to challenge the insurance company and protect your rights.
At Cate & Brough, we help people in South Carolina deal with unfair insurance claims and build strong cases to get the compensation they deserve. If the insurance company is pointing the finger at you, give us a call. We’re here to help you set the record straight.
Cate & Brough, P.A.
