South Carolina is a tort state for car accidents, meaning drivers are liable for the injuries and property damage they cause. Practically speaking, a driver’s liability insurance policy should cover the costs other people suffer because of an accident they cause. However, individuals can opt to further protect themselves from South Carolina car accidents by purchasing no-fault insurance like Personal Injury Protection (PIP) coverage.
Is PIP Coverage Required in South Carolina?
PIP coverage is not mandatory under South Carolina’s auto insurance laws. You can purchase this coverage separately, and it’s usually worthwhile if you can afford it. Since PIP is no-fault coverage, you can use it after a crash no matter who’s liable.
The required auto insurance coverage in South Carolina includes:
- $25,000 in bodily injury coverage per individual hurt in the crash
- $50,000 in overall bodily injury coverage per accident
- $25,000 in property damage liability coverage
- Uninsured motorist coverage that meets the above minimums (uninsured motorist coverage pays for your injuries and damaged property in a collision with a driver who doesn’t have insurance)
South Carolina law requires insurers to offer underinsured motorist coverage, but you don’t have to buy it. Underinsured motorist coverage kicks in if another driver doesn’t have enough coverage to pay for your injuries and property damage after a crash they caused. It’s worth buying if you can afford it for the additional peace of mind and financial security.
What Does PIP/MedPay Actually Cover in SC?
In states with no-fault auto insurance laws (Florida, for example), PIP coverage is separate from Medical Payments (“MedPay”) coverage. The distinction between them in no-fault states is that PIP covers many accident-related losses, while MedPay only covers your medical bills.
Since South Carolina is a tort state for car accidents, most insurers don’t offer the type of PIP coverage you see in no-fault states. Instead, PIP as a term is used interchangeably with MedPay coverage. Some expenses that PIP/MedPay covers in South Carolina include:
- Emergency care after a collision
- The cost of an ambulance ride to the hospital
- Prescription drugs
- Follow-up visits
- Physical therapy
- Assistive devices (crutches, wheelchairs, etc)
Keep in mind that PIP/MedPay coverage only covers your medical expenses up to your policy limits. Beyond those limits, you must use your health insurance or other methods to cover your medical bills.
How PIP/MedPay Is Different from Other Coverages
There are two main differences between PIP/MedPay and other types of auto insurance coverage in South Carolina. First, the state does not require you to buy PIP/MedPay coverage. If you want either coverage, you must add it to your policy manually.
The second crucial difference is how PIP/MedPay coverage works after collisions. Most of what you pay for when you buy auto insurance is liability coverage. In other words, you’re paying for the insurance company to cover injuries and property damage you cause. That way, you’re not on the hook, and the other driver can get the financial help they need.
PIP/MedPay coverage works differently. These coverages pay for your injuries instead of the harm another driver suffered. Other types of insurance coverage that work similarly include:
- Collision coverage – This coverage pays for your vehicle repairs (minus a deductible) if you collide with an object or another car. You can use this coverage regardless of who caused the crash. Your insurer might ask for reimbursement if another driver caused the collision and you win a settlement or trial award.
- Comprehensive coverage – This coverage covers damage to your vehicle from trees, fires, and other causes that don’t involve other drivers or vehicles. Comprehensive coverage also covers damage to your windshield glass in most cases. As with collision coverage, your insurer might ask for reimbursement if you didn’t cause the damage and recover compensation from another party.
Does Using PIP/MedPay Affect Fault in Your Case?
Using your PIP/MedPay benefits won’t affect who’s at fault for the crash. This coverage is “no-fault” insurance, meaning the insurer pays regardless of who caused the accident. Filing a claim under either doesn’t count as an admission of guilt or impact your ability to pursue compensation from the other driver later. In fact, getting early medical help through PIP/MedPay coverage can strengthen your case by showing your injuries were severe and required immediate attention.
How Much PIP or MedPay Coverage Should You Buy?
South Carolina doesn’t set a minimum amount for PIP/MedPay coverage. That means you can choose a limit that fits your needs. Common limits range from $1,000 to $10,000, depending on what you’re willing to spend. Consider your health insurance coverage, financial situation, and risk level when deciding what coverage you need. If you often drive with passengers or don’t have great health insurance, a higher limit might be worth the cost. Just remember that this coverage only helps if you add it before a crash happens.
Does PIP/MedPay Coverage Kick In Before or After Health Insurance?
PIP/MedPay coverage usually kicks in before your health insurance. This coverage is designed to pay your accident-related medical bills right away. You shouldn’t have to meet a deductible before coverage activates, like you might with health insurance. In fact, you might be able to apply your MedPay coverage to pay for your health insurance deductible.
Keep in mind that if you use PIP/MedPay first, your health insurance may still cover any remaining costs. Some health plans may also seek reimbursement later if another insurance paid first.
Contact Our South Carolina Car Accident Attorneys
Whether you have PIP/MedPay coverage or your policy doesn’t include it, you need legal help to pursue maximum compensation after a traffic collision. The Charleston car accident lawyers at Crantford Meehan understand the details of these coverages and how to pursue the full coverage you’re entitled to. We can also prove who caused the crash and file a legal claim against them to help you seek additional compensation. Call now or complete our contact form for a free consultation.
