A car in a ditch on a countryside road. If a Hurricane Causes a Car Accident, Who's Responsible?

South Carolina hurricanes can bring winds of over 100 mph, along with rain, hail, and severe storm weather. If you're driving when a hurricane strikes, the elements could lead to an accident. But if a hurricane causes someone else to slide into your car, who's responsible?

One of the best ways to stay protected on the road is with proper car insurance. A South Carolina independent insurance agent can help you shop for car insurance and make sure you have the right coverage in place if an unexpected event, like a hurricane, results in an accident.

Who’s Responsible If a Hurricane Caused My Car Accident?

We wouldn't be driving during a hurricane in an ideal world, but sometimes unexpected weather patterns can strike. If you find yourself on the road during a hurricane or storm and you slide into another car, it can be challenging to determine who's at fault. 

The good news is that you don't have to make that determination. No matter how the accident occurred, you'd start the process by filing a claim with your own insurance company. The company would assign an adjuster to the claim and determine fault. If you were found to be at fault, you'd be responsible for the damage to your vehicle and the other person's vehicle, and any injuries.

What If One of Us Was Uninsured?

South Carolina is an at-fault state, which means that someone is found to be at fault in every car accident. If the at-fault driver of an accident is uninsured, you're unfortunately left having to pay for damage to your vehicle and any personal injuries on your own. 

Keep in mind that you can always pursue the option to sue the uninsured driver under South Carolina's modified comparative negligence laws.  In this situation, a plaintiff's total award may be reduced if they partially caused the accident and sustained injuries as a result.  What this means is that if you are 50% or more at fault, you will not be entitled to damages from the other driver.  If you are less than 50% at fault, you can collect damages minus the percentage for which you are at fault.  So, if you are 20% at fault, you can recover 80% of what you paid for damage following the accident.

In South Carolina, all drivers are required to carry uninsured motorist coverage. Minimum requirements are for drivers to carry coverage that is equal to the minimum amounts of liability coverage, which is $25,000 per person for bodily injury and $50,000 for all persons injured in one accident, and $25,000 for all property damage in one accident. 

In this scenario, your uninsured motorist coverage would pay for any damage to your vehicle and personal injuries you sustained during the accident.

How Can Car Insurance Help Protect Me from Hurricane Accidents?

Car insurance is designed to protect you in various situations, including hurricanes. Having the right coverage means you have some financial support if you need to file a claim for damage to your vehicle, third-party injuries, property damage, and personal injuries. 

However, you need the right coverages to be fully protected. Mandatory South Carolina auto insurance includes:

  • Liability: This coverage will pay for repairs, property damage, and medical costs for injuries suffered by others in the vehicle, plus other expenses related to an at-fault accident, such as legal fees. 
  • Uninsured motorist: Pays for injuries and property damage if you suffer an accident and the at-fault driver is uninsured or does not have enough insurance to cover your injuries and damage. 

Additional coverages that can help protect you from hurricane accidents include:

  • Collision coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled in a collision, regardless of fault. 
  • Comprehensive coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled by a non-collision event such as a hailstorm or theft. 
  • Roadside assistance and rental reimbursement: If you need roadside assistance or a rental vehicle while your car is being repaired, this coverage helps pay for that.
  • Medical payments coverage: This covers medical expenses for the driver and passengers regardless of fault. Limits are usually between $1,00 and $5,000.
  • Umbrella coverage: This provides liability coverage above and beyond your standard liability limits. It can cover injuries, property damage, certain lawsuits, and personal liability claims. 
  • Underinsured motorist coverage: This covers costs from an accident with a driver who does not have adequate insurance.

What Doesn't Car Insurance Cover?

Car insurance is highly customizable, so most exclusions exist if you don't have the proper coverage. You wouldn't have coverage for damage to your vehicle in an at-fault accident without collision insurance. Without comprehensive insurance, you wouldn't have coverage for damage to your car from events considered "non-collision."

Some other things that are excluded from car insurance include:

  • Damage from negligence or lack of vehicle maintenance
  • Intentional damage you cause with your vehicle
  • Damage from normal wear and tear

You'll need a comprehensive auto insurance policy for hurricane damage to your vehicle. Since this isn't required by law, your South Carolina independent insurance agent can assist you in purchasing it. 

How Common are Hurricanes in South Carolina?

South Carolina is home to six coastal counties that border the Atlantic Ocean. This is just one of the reasons that the state is highly vulnerable to hurricanes and tropical storms. But even counties located inland are susceptible to hurricanes. 

Check out these stats on the history of hurricanes in the state:

  • From 1851 to 2021, 44 tropical cyclones have made landfall along the South Carolina coastline. 
  • Of these 44 tropical cyclones, only four made landfall as Category 3+ hurricanes.
  • There’s a 79.7% chance of being affected by a South Carolina tropical system each year.
  • The South Carolina Insurance Reserve Fund reported spending more than $6 million in just six months in one recent year on hurricane damage claims across the state.

How Can an Independent Insurance Agent Help?

Understanding your auto insurance coverage can help protect you from things like a tree falling on your vehicle or if a hurricane causes you to slide into another car. A South Carolina independent insurance agent can help you find a car insurance policy.

Agents have relationships with carriers across the state and know the top-rated companies for costs and coverages. Find a local agent near you today. 

Article Reviewed by | Jeffrey Green

https://www.dnr.sc.gov/climate/sco/hurricanes/pdfs/SCHurricanesExecutiveSummary.pdf

https://www.wmbfnews.com/2020/02/12/its-your-money-hurricane-damage-costs-south-carolina-millions-during-last-months/#:~:text=The%20South%20Carolina%20Insurance%20Reserve%20Fund%20reported%20spending%20more%20than,damage%20claims%20across%20the%20state._

https://www.scemd.org/prepare/types-of-disasters/hurricanes/

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