Is South Carolina a comparative fault state?

Short answer: South Carolina is not a no-fault state. The Code says "There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of this State," [4] and the Supreme Court allows recovery when a plaintiff's negligence is "not greater than that of the defendant." [1]

In Nelson v. Concrete Supply Co., the South Carolina Supreme Court wrote:

For all causes of action arising on or after July 1, 1991, [1] a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. The amount of the plaintiffs recovery shall be reduced in proportion to the amount of his or her negligence. If there is more than one defendant, the plaintiffs negligence shall be compared to the combined negligence of all defendants.

The court explained that, in adopting this rule, it joined "the vast majority of our sister jurisdictions" [1] saying "Having determined comparative negligence is the more equitable doctrine, we now join the vast majority of our sister jurisdictions" [1] and it replaced the older all-or-nothing rule of contributory negligence that the court had upheld since Freer v. Cameron (1851).

The words "not greater than" [1] matter. On our reading of those words, a plaintiff who is exactly 50% at fault is not "greater," so the rule does not bar recovery at 50% and bars it above 50%. This is a plain reading of the quoted words, and a licensed South Carolina attorney can confirm how courts apply the 50% line.

These examples use percentages only. They show the arithmetic of the rule and say nothing about what any real case is worth.

Example G reflects the sentence in Nelson: "If there is more than one defendant, the plaintiffs negligence shall be compared to the combined negligence of all defendants." [1]

A separate South Carolina statute, S.C. Code Ann. § 15-38-15, decides who pays when more than one party caused the same indivisible harm. It says that joint and several liability "does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages," [2] and that such a defendant "shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact." [2] Percentages are compared against "the total of" all fault including the plaintiff's own.

Two details matter for 2026:

• The statute was amended for claims arising after January 1, 2026. The Code page now prints the amended § 15-38-15, with a history note for 2025 Act No. 42 effective January 1, 2026. It refers to "defendants and tortfeasors" [2] and adds rules for putting a nondefendant on the verdict form, including that the tortfeasor "must be disclosed within one hundred eighty days of the commencement of the action or at a later time for good cause shown." [2] The act that made the change (2025 Act No. 42, H.3430) says it "applies only to causes of action or claims arising or accruing after January 1, 2026." [3]
• Exceptions. The amended subsection (F) lists "wilful, wanton, reckless, or intentional or conduct involving the illegal or illicit use, sale, or possession of drugs" [2]: a defendant in those categories is jointly and severally liable. Claims that arose before 2026 are governed by the earlier version, which we do not quote because the live Code page no longer prints it.

Which version applies to a particular crash, and what it means for a particular case, is a question for an attorney.

Fault is a finding about what each person did. Things that often come up in a crash: speed, following distance, lane changes, phone use, a missed signal or sign, and whether a driver was impaired. Statements at the scene, the officer's report, photos and witness accounts can all play a part. The percentages are not set by the police report. See how to get a Columbia crash report.

A different statute, the South Carolina Tort Claims Act, applies to claims against state agencies and local governments. The contribution act that contains § 15-38-15 says in § 15-38-65 that it "shall not apply to governmental entities." [2] Ask an attorney how fault is handled in a claim like that.

We cannot tell you your share of fault, whether you can recover, or how the 2026 amendment affects you. If an insurer says you were partly or mostly at fault, that is the kind of statement to ask an attorney about before you answer.

• South Carolina deadlines: how long do you have?
• South Carolina minimum car insurance and uninsured motorist rules
• How to get a Columbia police crash report
• Free download: After-a-crash checklist