VictimsGuide

A Citizen’s Guide to Auto Insurance and Crash Law

Start Here

SOUTH CAROLINA AUTO INSURANCE GUIDE

South Carolina Modified Comparative Negligence & the Greater-Than-50% Bar

South Carolina follows modified comparative negligence. A plaintiff may recover so long as the plaintiff’s negligence does not exceed the combined negligence of the defendants; damages are reduced in proportion to the plaintiff’s fault. A plaintiff whose fault is greater than 50% is barred.

  • A claimant at exactly 50% fault may recover 50% of otherwise recoverable damages.
  • A claimant above 50% fault is barred.
  • Preserve evidence relevant to speed, traffic controls, visibility, distraction and causation.
  • Analyze apportionment and settlement effects separately from insurance coverage.

Current-law review: September 17, 2026. South Carolina uses a greater-than-50% bar, not a 50%-or-more bar.