Partially at Fault in South Carolina?

Accidents are seldom clear-cut.

In many cases, more than one person might share responsibility—and one of the most common questions people ask after an accident is: “Can I still file a claim if it was partly my fault?”

At Harmon & Felts, P.A., we often hear this from people across Myrtle Beach, Pawleys Island, and nearby areas.

In South Carolina, the answer is often yes.

Knowing how fault works can greatly impact your ability to recover compensation after an accident.

South Carolina follows a modified comparative negligence rule. In simple terms, this means that fault can be shared among multiple people involved in an accident. Just because you may have played a role in what happened does not automatically bar you from pursuing a claim.

As long as you are not more than 50% responsible, you could still recover compensation for your injuries and damages.

This is especially important because many accidents, particularly on busy roads throughout the Grand Strand, aren’t always clear-cut. There are often multiple factors involved, and responsibility can be divided among those involved.

Here’s an overview of how this rule operates:

• If you are less than 50% at fault, you might still be able to recover compensation.
• Your percentage of fault reduces your total compensation.
• If you are determined to be more than 50% at fault, you might not be able to recover damages.

Understanding where you fall within that percentage can play a key role in how your situation moves forward.

Sometimes it’s easier to see how this works with a quick example.

Suppose you’re involved in a car accident in the scenic Myrtle Beach area, and your total damages amount to approximately $20,000. After all assessments, it’s determined that you were 20% at fault for the accident. 

In this kind of situation, you might still be able to recover some compensation, but it would be reduced based on your share of fault. Instead of receiving $20,000, you could only get $16,000.

It’s not always this straightforward in real-life situations, but this example gives you a general idea of how shared fault can affect a claim.

After an accident, identifying who’s at fault isn't always as straightforward as it seems at first. There are often many perspectives and pieces of evidence involved. Insurance companies, however, may review the following:

• Police reports
• Witness statements
• Photos and videos from the accident scene
• Medical records
• Statements given right after the accident

Many people often assume: “It was partly my fault, so there’s nothing I can do.” But that assumption isn’t always true—and in some cases, it can stop someone from exploring options still available to them.

Even if you believe you contributed to the accident, South Carolina law might still let you pursue a claim depending on the circumstances.

Insurance Companies May Use Fault Against You

Another factor to consider is how insurance companies handle these situations. In many cases, they may try to:

• Shift more blame onto you.
• Reduce the total value of your claim
• Use statements made early on to support their position

Now, while this might not happen in every case, many people aren’t aware of it when they first start handling a claim. Having a clear understanding of how fault works can help you better navigate those conversations.

The steps you take after an accident can make a world of difference, not just for your safety but also for how your situation is documented moving forward. If you’ve recently been involved in an accident, the following might be helpful to you:

• Get medical help immediately, even if your injuries appear minor at first
• Take photos, videos, or notes at the scene if you’re able to
• Be careful with what you say when talking to insurance claim representatives
• Keep a record of all medical visits, treatments, and related expenses

These small steps mentioned above can help build a clearer picture of what happened.

Being partially at fault doesn't automatically mean you don’t have a case. South Carolina law allows many people to seek compensation, even if fault is shared. The key is understanding how those laws apply to your specific situation and what factors might influence the outcome.

At Harmon & Felts, P.A., we have helped many people throughout Myrtle Beach, Pawleys Island, and the surrounding areas who were unsure of their situation after an accident. In many cases, options may still be available even when the fault isn’t entirely on one side.

Because each case is unique, clearly understanding your position can greatly influence how you move forward, from identifying the fault to determining which steps make sense. Having the right guidance can bring clarity and peace during an otherwise stressful situation.

If you’re unsure about your situation, talking to someone on our team who understands South Carolina law can help you make a more informed decision about your next steps.