Even minor car accidents can leave you shaken and wondering about the financial impact. A fender bender may not cause catastrophic damage, but repair bills, medical costs, and insurance issues can add up quickly. In South Carolina, insurance laws and fault rules play a huge role in determining how much compensation you’ll receive after this type of accident.
Knowing what qualifies as a fender bender, how insurance coverage works, and what factors influence payouts can help you protect your rights and avoid costly mistakes.
What Is Considered a Fender Bender?
A fender bender typically refers to a low-impact collision that causes minor damage to vehicles. Common scenarios include:
- Rear-end collisions at stoplights
- Parking lot scrapes
- Lane-change bumps
- Sudden braking accidents
Even though these incidents often result in cosmetic damage, like dents, scratches, or broken lights, they can still involve hidden mechanical issues or soft tissue injuries. South Carolina law requires drivers to report accidents involving $1,000 or more in property damage or any injuries, even if they seem minor at first.
Does Insurance Cover Fender Benders in South Carolina?
Yes. In South Carolina, drivers are legally required to carry liability insurance, which generally covers fender benders. According to the South Carolina Code of Laws § 38-77-140, drivers must have minimum coverage for both bodily injury and property damage.
If you’re not at fault, the other driver’s liability insurance should cover your repair costs and medical bills. If you’re at fault, your liability coverage pays for the other party’s damages. Your own policy may also provide coverage if you carry additional protections such as collision insurance or medical payments coverage (MedPay).
How Much Does Insurance Typically Pay for a Fender Bender?
There’s no fixed amount that insurance pays for a fender bender. Payouts vary based on:
- Extent of vehicle damage
- Medical costs (if injuries are involved)
- Policy limits
- Fault determination
If repair costs exceed 75% of your car’s fair market actual cash value, the insurer may declare it a total loss under South Carolina law.
Suggested: Any vehicle that has a loss of 75% or more of fair market value must be declared a total loss under South Carolina law..
In South Carolina, the at-fault driver’s liability insurance typically covers:
- Property damage to the other vehicle
- Medical expenses for the injured party
- Lost wages or other related costs
If you’re not at fault, your repair costs should be covered by the other driver’s insurance. If you’re at fault, your own collision coverage may pay for your vehicle repairs, minus your deductible.
Factors That Affect Insurance Payout After a Fender Bender
Several variables influence how much insurance will pay:
- Fault: South Carolina follows a modified comparative negligence rule. If you’re less than 51% at fault, you can recover damages, but your payout may be reduced based on your share of fault.
- Coverage type:
- Liability coverage pays for the other party’s damages if you’re at fault.
- Collision coverage pays for your own vehicle repairs, regardless of fault.
- Medical payments (MedPay) or Personal Injury Protection (PIP) may cover medical bills.
- Policy limits: South Carolina’s minimum liability coverage includes:
- $25,000 for property damage
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- Vehicle value: In South Carolina, a vehicle must be declared a total loss if the cost of repairs equals or exceeds 75% of its fair market value, unless it’s worth less than $2,000 or qualifies as an antique.
- Documentation: Photos, police reports, and repair estimates strengthen your claim and help maximize your payout.
Steps to Take After a Fender Bender to Protect Your Insurance Claim
To ensure your insurance claim goes smoothly, follow these steps:
- Stop your vehicle and check for injuries.
- Call the police if property damage exceeds $1,000 or if anyone is injured.
- Exchange information: driver’s license, insurance, contact details.
- Take photos of the scene, vehicle damage, and license plates.
- Request a copy of the police report.
- Notify your insurance company as soon as possible (check your policy for exact terms).
- If requested by SCDMV, submit the FR-10 form within 15 days.
These actions help establish fault, document damages, and protect your legal rights.
When to Involve a Car Accident Lawyer in a Fender Bender Claim
Not every fender bender calls for legal assistance, but consulting a lawyer can be wise in certain situations, especially if the insurance company delays or denies your claim, you’ve suffered injuries or lost income, fault is contested, or the damages exceed the other driver’s policy limits.
An experienced South Carolina car accident attorney can manage negotiations, collect supporting evidence, and protect your interests to ensure you aren’t pressured into accepting an unfair settlement.
