South Carolina Accidents

FAQ Glossary Explore
ENGLISH ESPANOL

My brother's Charleston truck crash has two insurers blaming each other, who pays?

What the police report says helps, but it is not what decides who has to pay your brother's claim in South Carolina.

Most people assume this works like this: the report names one driver at fault, that driver's insurer pays, and the other company is out. In a Charleston truck wreck, especially near I-26, I-526, or port traffic routes, that is often wrong.

In South Carolina, more than one person or company can share fault. A container truck driver, the trucking company, a road-work contractor, or even a flagging crew in a lane-shift zone can each carry part of the blame. The real issue is the evidence: driver logs, dashcam, black-box data, work-zone setup records, witness statements, and photos showing signs, cones, and lane closures.

Here is the practical difference.

South Carolina follows modified comparative negligence. If your brother is more than 50% at fault, he usually cannot recover. If he is 50% or less at fault, he can still recover, but the money is reduced by his share.

Also, South Carolina does not always make every defendant fully responsible for everything. If one defendant is found more than 50% at fault, that party can face joint and several liability for economic damages. If each party is 50% or less, they usually pay only their own share. That is why insurers keep pointing fingers at each other.

So if two insurers are stalling, the fight is often about percentages, not whether the crash happened.

If medical bills were paid by health insurance, Medicaid, Medicare, or workers' comp, those payers may also claim reimbursement later through subrogation. That can affect what money your brother actually keeps.

If the adjusters are sending papers he cannot read, he should not guess. He can ask for a Spanish interpreter, translated explanations, and copies of every letter before giving a recorded statement or signing any release.

by Carlos Morales on 2026-03-30

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

Find out what your case is worth →
← All FAQs Home