What Happens When You're Found At-Fault in a Car Accident

What "at-fault" means and how it affects you

When you are found at-fault in a car accident, it means the insurance company or a court has determined that your actions caused the crash. This matters because your insurance rates will likely go up, you may have to pay a deductible, and the other driver's insurance company can pursue you for damages. In South Carolina, the person at-fault is responsible for paying for injuries and property damage — either through their own insurance or out of pocket.

Being at-fault does not automatically mean you go to jail or face criminal charges. It is a civil matter handled between insurance companies and drivers. However, if the accident involved reckless driving, speeding, or driving under the influence, criminal charges are possible in addition to the civil liability.

South Carolina uses a comparative negligence rule, which means you can be partially at-fault. For example, if you were speeding but the other driver ran a red light, a court might find you 30% at-fault and the other driver 70% at-fault. Your liability would be reduced by your percentage of fault.

Key Takeaways

• At-fault status means your insurance will likely cover the other driver's damages, and your own rates will increase.
• You are responsible for your deductible (usually $500 to $1,000) before your insurance pays anything.
• South Carolina allows you to be partially at-fault; your liability is reduced if the other driver shares responsibility.
• The other driver's insurance company may contact you directly — do not discuss fault or sign anything without consulting your own insurer first.
• Your insurance company will investigate the accident and may deny your claim if they find you were at-fault for damage to your own vehicle.

How fault is determined after an accident

Fault is usually determined by police reports, witness statements, photos of the accident scene, and each driver's account of what happened. If a police officer responded to the scene, they may issue a citation to one or both drivers, which is strong evidence of fault but not final proof. Insurance adjusters review all this evidence and make their own information, which may differ from what the police concluded.

If the other driver's insurance company disagrees with your version of events, they may deny your claim or offer a lower settlement. You can dispute their information by providing additional evidence — dashcam footage, witness contact information, or an independent accident reconstruction expert. Many accidents are settled based on the police report alone, but contested cases can take weeks or months to resolve.

In some cases, fault is obvious: rear-end collisions almost always place fault on the driver who hit the car in front. Left-turn accidents often fault the turning driver. But intersection collisions, parking lot accidents, and multi-vehicle pileups require more investigation.

What your insurance will and will not cover

If you are at-fault, your liability coverage pays for the other driver's medical bills, lost wages, and vehicle repairs — up to your policy limits. South Carolina requires a minimum of $25,000 in bodily injury liability per person and $50,000 per accident, plus $25,000 in property damage liability. If the other driver's damages exceed your limits, they can sue you personally for the difference.

Your own vehicle damage is covered only if you have collision coverage on your policy. If you do, you pay your deductible and your insurance covers the rest. If you do not have collision coverage, you pay for all repairs yourself. Many drivers with older vehicles skip collision coverage to save money, which means they absorb the full cost of an at-fault accident.

Medical payments coverage (sometimes called MedPay) covers your own injuries regardless of fault, up to your policy limit — usually $1,000 to $5,000. This is separate from liability and can help pay medical bills quickly while fault is being determined.

How an at-fault accident affects your insurance rates

An at-fault accident typically raises your insurance premium for three to five years, even after you have paid off the claim. The increase varies by insurer and by how serious the accident was. A minor fender-bender might raise your rate 10 to 15 percent, while a serious injury accident can raise it 25 to 40 percent or more. Some insurers offer accident forgiveness programs that waive the rate increase if it is your first accident in a set period, but you usually have to pay extra for this coverage upfront.

After three years, the accident stops appearing on your driving record in most cases, but your insurance company may still use it to calculate your rate for up to five years. Shopping around after an accident can help — some insurers weight accidents less heavily than others, and you may find a better rate elsewhere even with the accident on your record.

If you cause multiple accidents or receive traffic citations, your rates will increase more sharply. Insurers use accidents as a signal that you are a higher-risk driver, and they price accordingly.

When the other driver's insurance contacts you

After an accident, the other driver's insurance company may call or send a letter asking you to give a statement about what happened. You are not required to speak with them. Anything you say can be used against you to prove fault or to reduce what they pay. The safest approach is to tell them: "I have reported this to my insurance company. Please contact them with any questions."

Do not sign any documents from the other driver's insurance company without reviewing them with your own insurer or an attorney. Some forms ask you to admit fault or release the other driver from future claims. Once you sign, you may not be able to change your story or dispute their findings.

Your own insurance company will handle communication with the other driver's insurer on your behalf. They have a legal duty to defend you and negotiate fairly. If you receive a demand letter or lawsuit notice, contact your insurer immediately — they may provide a lawyer at no cost to you.

Your options if you disagree with the fault information

If your insurance company finds you at-fault and you believe that is wrong, you can file a formal dispute with your insurer. Provide any new evidence — witness statements, photos, dashcam video, or an accident report you obtained independently. Your insurer will review it and may change their information, though this is uncommon.

If your insurer still disagrees, you can file a complaint with the South Carolina Department of Insurance. They investigate complaints about unfair claims practices and can pressure insurers to reconsider. This process takes several weeks but does not cost you anything.

If the other driver's insurance company is pursuing you for damages you believe you do not owe, you may need to consult an attorney. Many personal injury lawyers work on contingency, meaning they take a percentage of any settlement or judgment rather than charging you upfront. An initial consultation is often free.

Protecting yourself after an at-fault accident

Document everything immediately after the accident: take photos of all vehicle damage, the accident scene, traffic signs, and road conditions. Get the names, phone numbers, and addresses of all witnesses — not just the other driver. Request a copy of the police report once it is filed, usually within a few days. Keep all medical records, repair estimates, and correspondence with insurance companies in one folder.

Do not post about the accident on social media. Insurance companies monitor social media, and anything you say can be used to argue you were not injured as seriously as you claimed or that you were at-fault. Stick to factual statements only: "I was in a car accident on [date]" is fine; "I was hit by a reckless driver" is not.

If you receive a settlement offer from the other driver's insurance company, do not accept it immediately. Review it with your own insurer or an attorney to make sure it covers all your damages. Once you accept and cash a settlement check, you typically cannot ask for more money later.

Frequently Asked Questions

Will my insurance drop me after an at-fault accident?

Most insurers will not drop you for a single at-fault accident, but they may if you have multiple accidents or violations within a few years. Some insurers are more forgiving than others. If your current insurer does drop you, you can usually find coverage elsewhere, though it may cost more. Check your policy or call your agent to ask about their accident forgiveness policy.

Can I be sued personally if the damages exceed my insurance limits?

Yes. If the other driver's medical bills and vehicle damage total $75,000 but your liability limit is $50,000, your insurance pays $50,000 and the other driver can sue you for the remaining $25,000. They can garnish your wages or place a lien on your home. This is why carrying higher liability limits (often called an umbrella policy) is important if you have significant assets.

What if I was partially at-fault but the other driver was also negligent?

South Carolina's comparative negligence rule means your liability is reduced by your percentage of fault. If you were 30% at-fault and the other driver was 70% at-fault, you owe only 30% of the damages. However, you cannot recover anything from the other driver if you are found more than 50% at-fault — this is called the "50% bar rule."

How long does it take to settle an at-fault claim?

Simple claims with clear fault and minor injuries often settle within two to four weeks. More complex cases with serious injuries, multiple vehicles, or disputed fault can take several months or longer. Your insurance company will keep you updated on the progress. Do not pressure them to settle quickly — a rushed settlement may not cover all your damages.

Do I have to report the accident to my insurance company?

Yes. Your insurance policy requires you to report accidents promptly, usually within 24 to 72 hours. Failing to report it can give your insurer grounds to deny your claim later. Report it even if you think the damage is minor or you are not sure about fault — let your insurer make that information.