Key Takeaways
Yes, someone can sue you after a car accident in Georgia or South Carolina — both are at-fault states. Your liability insurance covers your defense and damages up to policy limits, but personal assets are at risk when damages exceed coverage. Georgia and South Carolina both require only $25,000 per person minimum coverage. Comparative fault rules (O.C.G.A. § 51-12-33) reduce your exposure if the other driver shared blame. Filing deadlines are two years in Georgia and three years in South Carolina.
If you caused a car accident — or believe the other driver thinks you did — one of the first questions on your mind is probably: can they sue me? The answer is yes, but what that actually means for you depends on your insurance coverage, the severity of the injuries, the laws in your state, and whether you truly bear full responsibility for the crash. Understanding your exposure under tort law is essential for protecting yourself after an accident.
Both Georgia and South Carolina are at-fault (tort) states, meaning the person who caused the accident is financially responsible for the other party’s injuries and losses. In most cases your liability insurance handles this — but there are important situations where the claim can go beyond your coverage and put your personal finances at risk.
Can Someone Sue You After a Car Accident? The Short Answer
Yes. In Georgia and South Carolina, anyone who is injured in a car accident has the legal right to file a lawsuit against the driver they believe was at fault. This is true regardless of whether:
- You have insurance
- The police cited you at the scene
- You believe the other driver was partially or fully responsible
- The insurance company has already made a settlement offer
A lawsuit is a separate legal action from an insurance claim. Even if the injured party is working with your insurance company, they retain the right to sue you personally if they believe the insurance process is not adequately compensating them.
That said, being sued does not mean you will automatically owe money out of pocket. In most cases, your auto liability insurance covers both the legal defense and any damages awarded — up to your policy limits.
When Your Insurance Covers the Claim
If you carry auto liability insurance — which both Georgia and South Carolina require — your insurer has two obligations when someone sues you after an accident:
1. Duty to Defend
Your insurance company is required to provide you with a lawyer and pay for your legal defense. You do not need to hire your own attorney for the lawsuit itself — the insurer handles this as part of your policy.
2. Duty to Indemnify
If the case results in a settlement or verdict against you, your insurer pays the damages up to your policy limits. For most car accidents, the at-fault driver’s insurance covers the full claim without the driver ever paying anything out of pocket.
Minimum Coverage Requirements
| Coverage Type | Georgia Minimum | South Carolina Minimum |
|---|---|---|
| Bodily injury per person | $25,000 | $25,000 |
| Bodily injury per accident | $50,000 | $50,000 |
| Property damage per accident | $25,000 | $25,000 |
These minimums are identical in both states — and they are often far too low to cover a serious accident. A single broken bone can generate $50,000 or more in medical bills. A traumatic brain injury or spinal cord injury can easily exceed $500,000. When the damages exceed your policy limits, you face personal financial exposure.
When Your Personal Assets Are at Risk
Your personal assets — savings, home equity, investments, future wages — can be at risk in a car accident lawsuit if:
Damages Exceed Your Policy Limits
If the injured person’s damages total $200,000 but your liability coverage maxes out at $50,000, you could be personally responsible for the remaining $150,000. The injured party can pursue a judgment against you and attempt to collect from your personal assets.
You Were Driving Without Insurance
Driving without insurance is illegal in both Georgia (O.C.G.A. § 33-34-4) and South Carolina (S.C. Code § 38-73-470), and it leaves you fully exposed. Without insurance, there is no company to defend you or pay damages on your behalf. You would need to hire your own attorney and pay any judgment from your own resources.
Your Insurer Denies Coverage
Insurance companies can deny coverage in certain situations — for example, if you were driving under the influence, if you intentionally caused the accident, or if your policy had lapsed. If coverage is denied, you are responsible for your own defense and any resulting judgment.
Punitive Damages Are Awarded
Most auto insurance policies do not cover punitive damages — damages awarded to punish especially reckless or egregious behavior. If you caused the accident while drunk driving, street racing, or engaging in other extreme conduct, you could face punitive damages that your insurance will not pay. Georgia caps punitive damages at $250,000 in most cases (O.C.G.A. § 51-12-5.1), while South Carolina caps them at three times the compensatory damages or $500,000, whichever is greater (S.C. Code § 15-32-530).
How Fault Is Determined in Georgia and South Carolina
Just because someone sues you does not mean they will win. To recover damages, the injured party must prove that you were negligent — meaning you owed them a duty of care, breached that duty, and caused their injuries as a result.
Fault in a car accident is determined through evidence including:
- Police reports — the investigating officer’s account of what happened and any citations issued
- Witness statements — testimony from people who saw the accident
- Physical evidence — skid marks, vehicle damage patterns, debris fields, and road conditions
- Traffic camera or dashcam footage — video evidence of the collision
- Cell phone records — evidence of distracted driving
- Accident reconstruction — expert analysis of speed, angles, and impact dynamics
A police citation is not definitive proof of fault in a civil lawsuit. It is one piece of evidence, but a jury can weigh all the circumstances and reach a different conclusion. Many people who receive tickets at the scene are ultimately found to share less fault than initially believed — or no fault at all.
Comparative Fault: When Both Drivers Share Blame
Most car accidents are not 100% one driver’s fault. Both Georgia and South Carolina recognize that multiple parties can share responsibility, and they use modified comparative fault rules to allocate damages accordingly:
| Rule | Georgia | South Carolina |
|---|---|---|
| Statute / Authority | O.C.G.A. § 51-12-33 | Common law (Nelson v. Concrete Supply Co.) |
| Plaintiff barred if | 50% or more at fault | 51% or more at fault |
| Your exposure if plaintiff is 40% at fault | You pay only 60% of damages | You pay only 60% of damages |
This is critically important for anyone worried about being sued. If the other driver contributed to the accident — by speeding, following too closely, failing to yield, or any other negligent act — your financial exposure is reduced proportionally. If the other driver was 50% or more at fault in Georgia (or 51% in South Carolina), they cannot recover anything from you at all.
Insurance companies often assign fault without fully investigating. An experienced attorney can gather evidence that shifts fault back to the other driver and significantly reduces or eliminates your liability.
What Damages Can Someone Sue You For?
If someone files a lawsuit against you after a car accident, they may seek several types of compensation:
Economic Damages
- Medical expenses — past and future treatment, surgery, rehabilitation, medication
- Lost wages — income missed during recovery
- Lost earning capacity — reduced ability to earn in the future due to permanent injuries
- Property damage — vehicle repair or replacement, damaged personal items
- Out-of-pocket costs — transportation to appointments, home modifications, in-home care
Non-Economic Damages
- Pain and suffering — physical pain from injuries and recovery
- Emotional distress — anxiety, depression, PTSD, fear of driving
- Loss of enjoyment of life — inability to participate in activities and hobbies
- Loss of consortium — impact on the injured person’s marriage and family relationships
- Scarring and disfigurement — permanent visible injuries
Punitive Damages
Awarded only in cases of egregious conduct like drunk driving, hit-and-run, or intentional harm. As noted above, your insurance likely will not cover punitive damages, making this the most financially dangerous category for at-fault drivers.
How Long They Have to Sue You
The other driver cannot sue you indefinitely. Both states impose strict filing deadlines:
- Georgia: 2 years from the date of injury (O.C.G.A. § 9-3-33); 4 years for property damage only (O.C.G.A. § 9-3-30)
- South Carolina: 3 years from the date of injury (S.C. Code § 15-3-530) for personal injury, property damage, and wrongful death
Once the statute of limitations expires, the claim is permanently barred. However, exceptions exist for minors, individuals with mental incapacity, and situations where the at-fault driver leaves the state (which can toll the deadline). Do not assume you are in the clear simply because months have passed.
What to Do if You Are Sued After a Car Accident
If you receive a lawsuit summons and complaint after a car accident, take these steps immediately:
- Do not ignore it. Failing to respond to a lawsuit within the required timeframe (30 days in Georgia, 30 days in South Carolina) results in a default judgment — the court automatically rules against you and awards whatever the plaintiff requested.
- Contact your insurance company immediately. Report the lawsuit to your auto insurer. Under your policy, they are obligated to provide your legal defense and pay damages up to your limits.
- Do not contact the plaintiff directly. Anything you say to the other driver or their attorney can be used against you. Let your insurance company and their appointed attorney handle all communications.
- Do not post about the accident on social media. Plaintiffs’ attorneys routinely monitor defendants’ social media for statements, photos, or posts that could be used as evidence.
- Consult a personal attorney if your exposure exceeds coverage. If the claimed damages are likely to exceed your policy limits, consider hiring your own attorney — separate from the one your insurer provides — to protect your personal interests.
Steps to Protect Yourself After an At-Fault Accident
Whether or not you have been sued yet, these steps can protect your legal and financial position after a car accident where you may bear fault:
- Cooperate with your insurer but do not admit fault. Report the accident truthfully, but avoid volunteering opinions about who caused it. Let the investigation determine fault.
- Preserve all evidence. Keep copies of the police report, your insurance correspondence, medical records (if you were also injured), and photos of the scene and vehicle damage.
- Follow up on your own injuries. Even at-fault drivers get hurt in accidents. You may have your own claim for injuries, particularly if the other driver shared responsibility.
- Review your insurance coverage. Know your liability limits and whether you carry umbrella coverage. If your limits are low, consider increasing them to protect against future incidents.
- Do not destroy evidence. Do not repair your vehicle or delete dashcam footage until your insurer and attorney confirm it is safe to do so. Destroying evidence can result in severe legal penalties called spoliation sanctions.
When You Might Have a Claim of Your Own
Being at fault — or being told you are at fault — does not necessarily mean the other driver is blameless. In many car accidents, both drivers share some degree of responsibility. If the other driver contributed to the crash through their own negligence, you may have a counterclaim for your own injuries and damages.
Common scenarios where the “at-fault” driver also has a valid claim:
- The other driver was speeding, making the collision more severe than it would have been otherwise
- The other driver was distracted or failed to take evasive action
- Road conditions, defective traffic signals, or vehicle defects contributed to the accident
- A commercial truck was improperly loaded or the trucking company violated federal safety regulations
- The police report assigned fault based on limited information, and a full investigation reveals a different picture
Under Georgia and South Carolina’s comparative fault rules, you can recover compensation for your own injuries as long as your share of fault is below the threshold — less than 50% in Georgia, less than 51% in South Carolina. An experienced car accident attorney can evaluate whether you have a viable counterclaim.
Why You Need an Attorney — Even if You Were at Fault
Most people think of personal injury lawyers as representing the injured person. But if you are the one being sued — or you are worried about being sued — an attorney is equally important. A lawyer can:
- Evaluate the evidence and determine whether you truly bear the fault the other side claims
- Identify the other driver’s contributing negligence to reduce your exposure
- Ensure your insurance company is handling the claim properly and not exposing you to unnecessary risk
- Advise you on whether the claimed damages exceed your coverage and what steps to take if they do
- Pursue your own counterclaim for injuries if the other driver shared fault
At Roden Law, our personal injury attorneys represent clients on both sides of car accident disputes across Georgia and South Carolina. With offices in Savannah, Darien, Charleston, Columbia, and Myrtle Beach, we understand the local courts, insurance practices, and comparative fault rules in both states.
Consultations are always free, and we work on a contingency fee basis — you pay nothing unless we recover compensation for you.
Worried about being sued after a car accident? Call Roden Law at 1-844-RESULTS or contact us online for a free consultation. We will evaluate your situation, explain your exposure, and help you protect your rights.
Frequently Asked Questions
Yes. Having insurance does not prevent someone from filing a lawsuit against you. However, your auto liability insurance is required to provide your legal defense and pay damages up to your policy limits. You face personal financial exposure only when the claimed damages exceed your coverage limits, your insurer denies coverage, or punitive damages are awarded.
If the injured person's damages exceed your liability coverage, they can pursue a judgment against you personally for the difference. This means your savings, home equity, investments, and future wages could be at risk. Both Georgia and South Carolina require only $25,000 per person in minimum liability coverage, which is often insufficient for serious injuries.
In Georgia, the injured party has two years from the date of the accident to file a personal injury lawsuit (O.C.G.A. § 9-3-33). In South Carolina, the deadline is three years (S.C. Code § 15-3-530). Exceptions exist for minors and individuals with mental incapacity, which can extend these deadlines.
Yes, but the other driver's share of fault reduces your financial exposure. Georgia follows a modified comparative fault rule (O.C.G.A. § 51-12-33) where the plaintiff is barred from recovery if they are 50% or more at fault. In South Carolina, the threshold is 51%. If the other driver contributed to the crash, your liability is reduced proportionally.
Do not ignore it — failing to respond within 30 days results in a default judgment against you. Contact your auto insurance company immediately so they can assign a defense attorney. Do not contact the plaintiff or post about the accident on social media. If the claimed damages may exceed your policy limits, consult your own attorney to protect your personal assets.
Yes. Even if you were partially at fault, you may have a valid counterclaim for your own injuries under Georgia or South Carolina's comparative fault rules. You can recover compensation as long as your share of fault is below the threshold — less than 50% in Georgia, less than 51% in South Carolina. An attorney can evaluate whether a counterclaim is viable.
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