What You Need to Know When the At‑Fault Driver’s Insurance Coverage Isn’t Local
Car accidents involving out-of-state drivers are more common than many South Carolinians realize. Whether it's a vacationer headed to Hilton Head, a tourist passing through Columbia, or a trucker on I-20, one moment of carelessness from a non-resident driver can leave a Lexington local seriously injured and struggling to recover.
For South Carolina residents hit by drivers from another state, injury claims often get more complicated. The crash may have happened in-state, but the at-fault driver’s insurance policy, adjusters, and legal strategy may all be based elsewhere. This can make it harder to obtain fair compensation for a car accident, especially when insurers employ delay tactics or attempt to deny jurisdiction.
South Carolina Law Applies — Even if the Other Driver Isn't From Here
If an out-of-state driver causes a crash in South Carolina, the injured South Carolina resident has the right to file a claim or lawsuit under South Carolina law. State courts have legal jurisdiction over anyone who drives on South Carolina roads, regardless of their state of residence.
That’s critical because South Carolina is a fault-based insurance state. The at-fault driver is responsible for paying damages, usually through their liability insurance. This system provides injured South Carolina residents with the opportunity to seek compensation for their medical expenses, lost income, pain and suffering, and other accident-related losses, regardless of the other driver's state of residence.
What South Carolina Drivers Should Expect When the Other Driver Is From Out of State
While the law is on the side of in-state drivers injured in South Carolina, dealing with an out-of-state insurance company often introduces new hurdles. The claims process may be unfamiliar, slower, or even more combative, especially when large national insurers get involved.
Below are some common complications that South Carolina drivers may face after being hit by an out-of-state driver:
- Insurance Policy Differences: Out-of-state drivers may carry coverage that complies with their home state’s laws, but those limits don’t always match South Carolina’s minimum requirements. Fortunately, South Carolina law generally "reads up" those policies to match state minimums, but that doesn’t mean insurers are eager to pay.
- Communication Issues: Adjusters working in another time zone or under different rules may be less responsive or harder to reach. Victims often find themselves going in circles trying to get answers — or worse, pressured into quick, lowball settlements.
- Jurisdiction Challenges: Some insurers attempt to argue that the case should be moved or dismissed based on jurisdiction, even if the crash clearly happened in South Carolina. Having a lawyer who knows how to fight these procedural tactics can be essential.
- Delays in Investigation and Documentation: When the other driver resides in another state, tracking down key records — such as vehicle maintenance, phone logs, or background information — can be more challenging. The longer it takes to gather evidence, the harder it becomes to build a strong claim.
- Gaps in Coverage: Not all out-of-state drivers carry optional protections, such as uninsured/underinsured motorist coverage, rental car insurance, or medical payments coverage. If their policy falls short, the injured South Carolina resident may need to rely on their own underinsured motorist (UM) or underinsured motorist (UIM) policy to fill the gap.
These complications are rarely obvious in the first few days after a crash, but they can seriously affect a victim’s recovery if not handled early and correctly. That’s why local legal representation matters.
What About Out-of-State Drivers Injured in South Carolina?
The reverse situation can happen too — tourists or out-of-state truckers who get hurt in a crash caused by a South Carolina resident. In such cases, South Carolina law still governs the claim if the crash occurred within the state. However, out-of-state victims may face the same hurdles as Lexington locals: unfamiliar insurers, procedural roadblocks, and long delays without the assistance of an experienced local attorney.
What to Do After a Crash With an Out-of-State Driver
Being hit by an out-of-state driver can be disorienting, especially if you're unsure where to turn for help. The steps you take immediately after the crash can make a big difference in how your injury claim plays out, particularly when the other driver’s insurer is based in another state.
Here’s what South Carolina drivers should do to protect their rights:
- Call law enforcement and get an official crash report. This creates a formal record and documents that the crash occurred in South Carolina.
- Get the other driver’s full insurance information. Be sure to note their policy number, home state, and vehicle registration.
- Take photos of the scene, vehicles, and any visible injuries. These may become crucial later if liability is disputed.
- Seek medical attention right away. Delays in treatment can hurt your health and give insurers a reason to question your claim.
- Avoid speaking in detail with the other driver’s insurance company. Their goal may be to minimize or deny your claim entirely.
- Talk to a South Carolina car accident lawyer. A local attorney who understands how out-of-state claims work can take over communications, protect your interests, and push back against insurance tactics designed to delay or devalue your case.
Out-of-state drivers bring more than different license plates — they bring legal complications, procedural hurdles, and often, more aggressive insurance defense strategies. Having a trusted local advocate on your side from the beginning can level the playing field.
Don’t Let Out-of-State Insurance Leave You Stuck With the Costs
If a driver from another state caused your accident in Lexington or anywhere in South Carolina, don’t assume their insurance will do the right thing. These claims often involve more red tape, greater resistance, and increased risk to your recovery, especially if you attempt to handle them alone.
South Carolina law limits the amount of time you have to file a claim or lawsuit, and insurers often use delay tactics to push injured drivers past those deadlines. If you’re seriously hurt and dealing with an out-of-state driver’s insurance, speak with an experienced South Carolina car accident lawyer who understands both the legal and practical sides of these cases.
Contact Johnson + Johnson Attorneys at Law today for a free consultation. We are local attorneys, born and raised in South Carolina, ready to hold out-of-state drivers and their insurers accountable — so you can focus on healing.
"Hands down the best car accident attorney. They are friendly, helpful, and polite. They are easy to work with. They will answer all of your questions if it should come up at any time. They will go above and beyond for you! The outcome of my case was very good." - Andy H., ⭐⭐⭐⭐⭐
