At Connell Law Firm, we’re a family-run practice rooted in Lugoff, South Carolina, with over 25 years of experience serving our community. Our dedicated team of attorneys focuses on personal injury cases, including auto accidents, medical malpractice, and wrongful death, as well as estate planning, real estate law, and criminal defense. We pride ourselves on treating every client like family, offering personalized legal representation tailored to your unique situation.
Every year, South Carolina’s highways see thousands of car accidents involving out-of-state drivers, many of them resulting in serious injuries, property damage, or even fatalities. Whether you live in Columbia, travel through Richland County, or were simply passing through when the crash occurred, collisions with drivers from other states raise complex legal and insurance issues that demand clear action. From determining fault to handling multi-state insurance disputes, the aftermath of an accident can quickly become overwhelming without the right legal guidance.
In this blog, we’ll break down what to do after a collision with an out-of-state driver in South Carolina, explain how local laws affect your claim, and show how working with an experienced Camden car accident lawyer can help you navigate the legal and insurance challenges that follow.
Why Out-of-State Driver Collisions Are Legally Complex
Collisions involving out-of-state drivers in South Carolina often raise legal questions that differ from standard in-state accidents. Understanding jurisdiction, applicable laws, and how fault is handled is essential to protecting your rights after a crash.
Jurisdiction and Where Legal Action Can Be Filed
When a car accident involves an out-of-state driver, determining which court has authority to hear the case becomes critical. In South Carolina, the courts maintain jurisdiction over out-of-state motorists who are involved in collisions within state lines under South Carolina Code § 15-5-150. This law allows injured parties to pursue personal injury claims in South Carolina even if the at-fault driver resides in another state. This is particularly important in cities like Columbia and counties such as Richland, where interstate traffic is common.
Long-Arm Statute and Service of Process
South Carolina’s long-arm statute allows legal service to be made on out-of-state drivers who cause injuries or property damage while operating a vehicle within the state. This ensures that a negligent driver cannot avoid liability simply by returning home. For car accident victims, this means legal proceedings can move forward without needing to file in another state. The statute creates a legal pathway to hold an out-of-state party accountable for economic costs, medical bills, and other damages related to the crash.
Differences in State Laws and Insurance Minimums
Each state has its own set of traffic laws, insurance requirements, and procedures for determining fault. South Carolina mandates minimum liability insurance coverage under S.C. Code § 38-77-140, but the out-of-state driver’s policy might reflect their home state’s standards. When a vehicle from another state is involved in a crash on South Carolina roads, the insurer must adjust to South Carolina’s legal framework. This mismatch can create disputes over coverage, especially when serious injuries, property damage, or fatalities are involved.
Multi-State Insurance Disputes and Delayed Compensation
Dealing with an insurance company based in another state often introduces delays in communication and claim resolution. Out-of-state insurers may not be familiar with South Carolina’s comparative negligence rule or damage valuation processes, potentially complicating negotiations. When compensation is delayed or reduced, it is often necessary to involve a car accident attorney to pursue the full value of the claim in court.
Immediate Actions to Take at the Scene of the Crash
The minutes following a car accident with an out-of-state driver are critical. What you do at the scene can affect how fault is determined, how compensation is calculated, and how insurance companies respond to your claim.
Contact Emergency Services Immediately
Call 911 to report the accident and request medical assistance if anyone is injured. A police presence at the scene ensures an official report is filed, which is often essential in proving fault and supporting a personal injury claim. In South Carolina, any accident involving injury, death, or property damage exceeding $1,000 must be reported to law enforcement. Responding officers will gather evidence, interview drivers, and assess whether distracted driving, traffic violations, or negligence played a role.
Exchange Information with the Other Driver
Exchange all necessary contact and insurance details with the other party, especially if they are an out-of-state driver. Collect their name, phone number, address, driver’s license number, license plate, and the name of their insurance company. Be sure to take note of their state of residence. This information will be important for your car accident attorney and for any legal action that may follow in South Carolina courts.
Document the Scene Thoroughly
Use your phone to take clear photos of vehicle damage, skid marks, traffic signs, nearby intersections, and any injuries sustained. Photograph the position of the vehicles and any visible hazards or environmental conditions. If there are witnesses, get their contact information and brief statements if possible. This evidence may later support claims related to lost income, property damage, or hospital expenses resulting from the crash.
Avoid Admitting Fault or Making Assumptions
Remain calm and avoid making statements that could be interpreted as accepting blame. Admitting fault at the scene, even casually, can be used against you by an insurance company during settlement negotiations. South Carolina follows a modified comparative negligence system, which means your level of responsibility affects how much compensation you can recover. Let investigators, police, and your car accident attorney determine liability based on evidence.
Notify Your Insurance Company Promptly
Once the immediate danger has passed and medical needs are addressed, contact your insurance provider to report the accident. Provide them with the police report number and basic details, but avoid making recorded statements until you have consulted a car accident lawyer. Out-of-state drivers may be covered under different insurance standards, so your provider may need time to coordinate with their insurer.
Insurance Coverage and Out-of-State Drivers
Insurance issues become more complicated when a car accident in South Carolina involves an out-of-state driver. Understanding how coverage works across state lines is essential for protecting your rights and recovering full compensation.
South Carolina’s Minimum Liability Requirements
South Carolina law requires all drivers to carry minimum liability insurance coverage of $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. These limits apply to both residents and out-of-state drivers operating a vehicle within the state. If a visiting driver’s home state has lower coverage limits, their policy must automatically adjust to meet South Carolina’s minimum standards during the time they are driving in the state.
Insurance Conflicts Across State Lines
When an out-of-state driver is involved in a crash, their insurance company may be unfamiliar with South Carolina’s legal requirements or procedures. This can delay the claims process or result in reduced settlement offers. Disputes often arise when serious injuries, hospital stays, or long-term medical care are involved. In these cases, victims may need a car accident attorney to push back against insufficient compensation or denial of claims.
Uninsured and Underinsured Motorist Coverage
If the out-of-state driver lacks sufficient insurance or is completely uninsured, your own uninsured or underinsured motorist coverage may apply. South Carolina requires all drivers to carry uninsured motorist coverage, and underinsured coverage is strongly recommended. These policies help cover medical expenses, lost income, and property damage if the at-fault driver cannot pay. This protection is critical in high-traffic areas like Columbia and Richland County, where visitors and long-haul drivers are frequently involved in accidents.
Dealing with Insurance Adjusters After a Collision
After a crash with an out-of-state driver, you may be contacted by their insurance company. It is important to avoid giving recorded statements or accepting early settlement offers without legal advice. Insurance companies may attempt to minimize your claim by disputing fault or the severity of your injuries. An experienced car accident lawyer can help ensure your rights are protected, your claim is valued accurately, and you are not taken advantage of during negotiations.
How a Car Accident Attorney Can Help
Navigating the aftermath of a car accident involving an out-of-state driver in South Carolina presents unique legal challenges. Enlisting the assistance of a seasoned car accident attorney can be crucial in protecting your rights and securing fair compensation.
Navigating Complex Legal Terrain
When an accident involves an out-of-state driver, determining jurisdiction and applicable laws becomes complex. South Carolina courts have jurisdiction over accidents occurring within the state, even if one party is from another state. As your legal representatives, we help you understand how South Carolina’s laws apply to your case and guide you through the legal process.
Managing Insurance Company Interactions
Insurance companies often aim to minimize payouts. As your attorneys, we handle all communications with insurance adjusters, ensuring that your statements are accurately represented and that you are not pressured into accepting a settlement that doesn’t cover your losses. We negotiate on your behalf to seek compensation for medical expenses, property damage, lost income, and other related costs.
Gathering and Preserving Evidence
We assist in collecting and preserving critical evidence, such as police reports, medical records, witness statements, and photographs of the accident scene. This comprehensive documentation is essential in building a strong case to establish fault and demonstrate the extent of your injuries and damages.
Understanding Comparative Negligence
South Carolina follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation may be reduced proportionally. We assess the circumstances of the accident, determine the degree of fault, and advocate for your interests to maximize your potential recovery.
Providing Local Legal Knowledge
At Connell Law Firm, based in Camden, South Carolina, we bring over 20 years of experience in handling auto accident cases. We are familiar with local courts and legal procedures, providing our clients with informed and effective representation. We offer free injury case evaluations and assist clients in Camden, Kershaw County, and surrounding areas.
Contact an Experienced Camden Car Accident Attorney Today!
If you’ve been injured or suffered property damage in a car accident involving an out-of-state driver, the steps you take next can make a major difference in your recovery, both physically and financially. At Connell Law Firm, our experienced team of Camden car accident lawyers understands the unique legal and insurance issues that come with these types of collisions.
Contact us at [phone] for a free case consultation today!