If an insurance adjuster says you were partly to blame for a crash, don’t give up on your claim. Georgia and South Carolina both use “modified comparative negligence”, but with one important difference.
Georgia: barred at 50%
In Georgia, you can recover damages as long as you are less than 50% at fault. If you are found 50% or more at fault, you recover nothing. If you are 20% at fault, your award is reduced by 20%.
South Carolina: barred above 50%
In South Carolina, you can recover as long as you are 50% or less at fault. Your award is reduced by your percentage of fault.
| Georgia | South Carolina | |
|---|---|---|
| Fault rule | Modified comparative, barred at 50% or more | Modified comparative, barred above 50% |
| Injury deadline | Generally 2 years | Generally 3 years |
| Claim against a government agency | Ante litem notice, as short as 6 months | SC Tort Claims Act, generally 2 years |
Why it matters
Insurers often try to shift a little more blame onto you, because every percentage point lowers what they pay, and in a close case, it can wipe out the claim. Evidence like photos, video, witness statements and vehicle data helps show what really happened.
Not sure who was at fault? Call or text 1-866-288-9276 for a free case review.
