Who Pays for Your Injuries After a Drunk Driving Accident in South Carolina?

You Were Hit by a Drunk Driver—Now What?

You were driving home. Maybe it was late at night. Maybe you were just running errands on a Saturday afternoon. Then out of nowhere, another car slammed into you.

The driver was drunk.

Now you’re dealing with injuries, medical bills, a totaled car, and time off work. You’re in pain. You’re angry. And you’re wondering: “Who’s going to pay for all of this?”

The good news is that South Carolina law gives you multiple ways to recover compensation after a drunk driving accident. The bad news is that insurance companies will fight to pay you as little as possible—even when the other driver was clearly at fault.

The Drunk Driver Is Legally Responsible

When someone gets behind the wheel drunk and causes an accident, they’re not just breaking the law—they’re also liable for any injuries or damages they cause.

Under South Carolina law, drunk driving is considered negligence per se. That means:

• The driver broke the law by driving under the influence
• Breaking that law directly caused your injuries
• You automatically have a strong case for compensation

What You Can Recover From a Drunk Driver

If you were injured by a drunk driver, you can seek compensation for:

• Medical expenses (emergency room, surgery, physical therapy, prescriptions)
• Lost wages (time you missed from work while recovering)
• Future medical costs (if you need ongoing treatment)
• Property damage (repairs or replacement of your vehicle)
• Pain and suffering (physical pain and emotional distress)
• Loss of enjoyment of life (if your injuries prevent you from doing things you love)
• Punitive damages (in some cases—more on this below)

You don’t have to prove the driver was careless. The fact that they were drunk is proof enough.

The Drunk Driver’s Insurance Pays First

In most cases, the drunk driver’s auto insurance will be the first source of compensation.

South Carolina requires all drivers to carry liability insurance with minimum coverage of:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 for property damage

But here’s the problem: those minimums aren’t enough if you were seriously injured.

What If Your Medical Bills Exceed the Driver’s Insurance?

If your injuries are severe—broken bones, traumatic brain injury, spinal damage—your medical bills alone could easily exceed $25,000. Add in lost wages, pain and suffering, and property damage, and you’re looking at a much bigger number.

So what happens when the drunk driver’s insurance isn’t enough?

You have other options.

Your Own Insurance Can Help (Yes, Really)

Even though you weren’t at fault, your own auto insurance might kick in to cover some of your costs.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

If the drunk driver doesn’t have insurance—or doesn’t have enough—your uninsured/underinsured motorist coverage can make up the difference.

Here’s how it works:

• The drunk driver’s insurance pays their policy limit (say, $25,000)
• Your injuries total $100,000
• Your UM/UIM coverage pays the remaining $75,000 (up to your policy limit)

This is one of the most important coverages you can have. If you don’t have UM/UIM coverage, you might be stuck trying to collect money directly from the drunk driver—and most people don’t have that kind of cash sitting around.

Health Insurance

Your health insurance should also cover your medical treatment. The drunk driver’s insurance or your UM/UIM coverage will eventually reimburse your health insurer, but at least your bills get paid in the meantime.

What About Punitive Damages?

South Carolina law allows punitive damages in drunk driving cases.

Unlike compensatory damages (which reimburse you for your losses), punitive damages are designed to punish the drunk driver for their reckless behavior and deter others from doing the same thing.

When Can You Get Punitive Damages?

You can pursue punitive damages if you can prove the drunk driver’s conduct was:

• Willful
• Wanton
• Reckless

Driving drunk fits that description. Getting behind the wheel when you know you’re impaired shows a conscious disregard for the safety of others.

What About Hit-and-Run Drunk Drivers?

If the drunk driver fled the scene and you can’t identify them, you can still recover compensation through your uninsured motorist coverage.

Just make sure you:

• Report the accident to the police immediately
• Get witness statements if possible
• Gather any evidence (dashcam footage, photos, etc.)

South Carolina treats hit-and-run drivers the same as uninsured drivers. So if you have UM coverage, it should cover your injuries even if the at-fault driver is never found.

The Insurance Company Will Try to Pay You as Little as Possible

Even in drunk driving cases—where fault is obvious—insurance companies will look for ways to reduce your payout.

They might:

• Claim your injuries aren’t as bad as you say
• Argue that you were partially at fault
• Offer a lowball settlement before you know the full extent of your injuries
• Delay the process hoping you’ll give up

Don’t negotiate with the insurance company on your own. Anything you say can be used against you. Let an attorney handle it.

You Shouldn’t Have to Pay for Someone Else’s Reckless Decision

Getting hit by a drunk driver is traumatic enough. You shouldn’t have to fight with insurance companies on top of everything else.

Let Okoye Law handle the legal side so you can focus on healing.

Whether your injuries are minor or life-changing, we’ll fight to get you every dollar you’re owed—from the drunk driver, their insurance, your own insurance, or any other responsible party.

Call us today for a confidential consultation.

Frequently Asked Questions

What if the drunk driver gets arrested? Does that help my case?

Yes. A DUI arrest and conviction strengthen your personal injury claim because it proves the driver was negligent. Your attorney can use the police report, breathalyzer results, and court records as evidence in your case.

How long do I have to file a claim after a drunk driving accident?

In South Carolina, you have three years from the date of the accident to file a personal injury lawsuit. But don’t wait that long. Evidence disappears, witnesses forget, and insurance companies are less willing to negotiate the longer you wait. Contact an attorney as soon as possible.

What if I was partially at fault for the accident—can I still recover compensation?

Yes, but your compensation might be reduced. South Carolina follows a modified comparative negligence rule, which means you can recover damages as long as you were less than 51% at fault. Your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, you’d recover 80% of your damages.

Can I still file a claim if I didn’t go to the hospital right away?

Yes, but it makes your case harder. Insurance companies will argue that your injuries weren’t serious if you didn’t seek immediate medical attention. If you start feeling pain in the days after the accident, see a doctor right away and make sure your attorney knows about it.