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South Carolina: shared fault rules

Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.

Fault system	Modified comparative negligence (51% bar)
When fault bars recovery	Barred if you are 51% or more at fault
Law	S.C. Code 15-38-15; Nelson v. Concrete Supply (1991)

Your share of fault usually reduces what you can recover by the same percentage. Insurers use this rule when negotiating, so it matters even if you never sue.

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in South Carolina.

Also for South Carolina: Car insurance by state in South Carolina · Claim deadlines in South Carolina · Small claims limits in South Carolina · Total loss rules in South Carolina · Dog bite rules in South Carolina · Accident reporting rules in South Carolina · Phone-while-driving laws in South Carolina · Motorcycle helmet laws in South Carolina

How we checked this

Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   Single detailed source one detailed table built from statutes or official data   Under review sources disagree; read the note and the law.