South Carolina weather can create dangerous driving conditions that frequently lead to accidents. Heavy rain, fog and even occasional ice storms in the winter can make roads slippery and visibility poor.
These weather conditions can have a significant impact on how an insurance claim unfolds after an accident. Knowing how weather factors into the insurance process can help you secure maximum compensation.
Weather and fault in South Carolina
South Carolina operates under a fault-based insurance system, which means the party responsible for the accident must cover damages. Weather alone cannot be at fault for an accident. If a driver loses control due to rain, fog or icy roads, the insurance company will still examine whether that driver took reasonable precautions. For example, if a driver fails to adjust speed during a heavy rainstorm and causes a collision, the insurance company may determine the driver was at fault for not driving appropriately for the conditions. This can affect the claim payout and liability.
Comparative negligence and weather conditions
South Carolina follows a comparative negligence rule. This means if more than one party shares fault for a car accident, the amount of compensation each party receives may decrease based on their percentage of fault. In accidents caused by poor weather, an insurance company might argue that both drivers share responsibility. If a driver did not use headlights in foggy weather or braked too late on a wet road, the insurance company may assign a percentage of fault. If a driver is more than 50% at fault, they may not receive any compensation under South Carolina law.
Insurance companies often scrutinize claims involving weather-related accidents more closely. Drivers should document the accident scene, including road conditions and weather at the time of the crash. Taking pictures of the road, vehicles and any hazards can help support an insurance claim. Weather can complicate insurance claims, but a driver can strengthen their case by proving they acted responsibly during poor conditions.
