According to data from the South Carolina Department of Public Safety (SCDPS), there were more than 30,000 people hurt in motor vehicle wrecks statewide in 2023 alone. If you were injured in a crash caused by another driver’s negligence, you may be wondering: Can I sue them personally for the accident? The short answer is “yes.” Whether that is a viable option will depend on the case. Here, our Charleston auto accident attorney explains the key things that you should know about suing the other driver personally after a crash in Charleston.
You Have the Right to Sue the Other Driver Personally
Under South Carolina tort law, you can file a personal injury lawsuit directly against the at-fault driver. This right is grounded in South Carolina Code § 15-75-20, which allows victims to recover damages for injuries caused by another’s negligence. A personal lawsuit seeks compensation for both economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). To succeed, you must prove by a preponderance of the evidence that the other driver’s negligence directly caused your injuries. South Carolina follows a modified comparative negligence rule (§ 15-38-15). That means that you can recover damages as long as you are less than 51 percent at fault for the accident.
The Other Driver’s Liability Carrier is Responsible for Covering Damages
While you are technically suing the driver, in most cases, their auto liability insurance carrier provides the defense and pays any resulting judgment up to policy limits. South Carolina requires all drivers to carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $25,000 in property damage coverage (S.C. Code § 38-77-140). Your Charleston auto accident attorney will typically file a claim directly with the insurer before pursuing the driver personally. If damages exceed policy limits, or if the insurer refuses to pay in bad faith, you may then consider a direct action against the driver’s personal assets.
Why Suing the Other Driver Personally is Challenging (Many Have Limited Collectible Assets)
While you have the right to sue another driver personally for your damages in South Carolina, that is often not a viable option. Here is the challenge: Many motorists who cause crashes through negligence in Charleston and elsewhere in South Carolina have few (if any) assets upon which you will be able to collect financial compensation. Some negligent drivers may have no assets at all. Others may have assets that are protected from recovery under South Carolina law. Still, that is not true in every case. Suing another driver personally may be the best option for you and your family. Our Charleston, SC, car accident lawyer can help you evaluate the option.
Call Our Charleston, SC, Car Crash Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston auto accident attorney is standing by, ready to fight to protect your rights. If you or a family member was hurt in a crash and you have questions about holding another driver personally liable, please do not hesitate to contact us today. We represent car accident victims in Charleston and throughout the wider region.