If you file a claim, it depends largely on whose insurance the claim is filed against. Most personal injury claims are made against the at-fault driver’s insurance company. That kind of claim is paid under the other driver’s policy, not yours, so it does not draw on your own coverage.
To protect your financial future and properly navigate these insurance complexities, contacting the Shelly Leeke Law Firm to speak with a Charleston car accident lawyer is the safest way to ensure your rights are protected before you contact the insurance company.
If you use your own coverage, such as uninsured motorist or collision coverage, the answer is less certain. It depends on your insurer, your policy, and how fault is viewed.
Insurers generally consider accident and claims history when setting rates, but the factors and how far back they look vary by company.
If you are wondering, “Will my premiums go up if I file a claim?”, your insurer and the South Carolina Department of Insurance are the best sources for questions about your own policy. Worry about premiums should not, on its own, stop you from pursuing a legitimate claim against an at-fault driver.
Does It Matter Whose Insurance I’m Filing the Claim Against?
Yes, and this is usually the most important part of the answer.
A third-party claim is made against the at-fault driver’s insurance. When another driver causes a crash, your injury claim is typically made against that driver and their liability insurer. The money comes from the other driver’s policy. This is how most South Carolina car accident claims work, and it is what most people mean when they talk about pursuing an injury claim. You are asking the other driver’s insurer to pay, not your own. A North Charleston third-party liability lawyer can handle this entire process for you so your own rates remain unaffected.
A first-party claim is made on your own policy. Examples include using your own uninsured motorist coverage because the other driver had none, underinsured motorist coverage because their limits were too low, collision coverage for your car, or medical payments coverage. Here, your own insurer is paying, and it is your own insurer that sets your future premiums.
Most people who search this question are really asking about third-party claims. If that is your situation, your premium worry is often about the wrong policy.
South Carolina Uninsured & Traffic Collision Data
Understanding how insurance rates are impacted by claims is crucial in South Carolina, where a high percentage of motorists drive without adequate coverage. When collisions occur, victims often rely on their own policies to cover the damages caused by negligent drivers. The South Carolina Department of Public Safety monitors these statewide crash trends:
South Carolina Statewide Insurance & Crash Metric |
Annual Incident Data |
| Total Traffic Collisions | 147,724 Incidents |
| Property Damage Only Collisions | 108,586 Crashes |
| Estimated Uninsured Motorist Rate | Approx. 10.9% of Drivers |
What Does SC Law Say About Not-at-Fault Accidents and Your Premiums?
South Carolina once had a statewide merit rating system that assigned surcharge points for accidents and violations. That regulation, which applied a 36-month lookback, was repealed in 2001. A related statute on surcharge exceptions was repealed in 1999.
We are not aware of a current South Carolina statute that flatly prohibits all premium increases after a not-at-fault accident. Bills introduced in the 2025 2026 legislative session, H. 4742 and S. 727, would bar an insurer from raising premiums solely because a not-at-fault insured made an uninsured or underinsured motorist claim. As of this writing, those are proposals. Check the South Carolina Legislature for their current status.
Because the rules can change, your insurer and the Department of Insurance can tell you what applies to your policy today.
What If I Have to Use My Own Insurance Coverage?
This is where the answer is genuinely uncertain. If the at-fault driver was uninsured or underinsured, or you file under your own collision or medical payments coverage, your insurer is paying. How that affects your renewal can depend on your insurer’s filed rating rules, whether you were at fault, and your overall history. No one outside your insurer can promise the result.
Before filing, you can ask your agent or insurer how a not-at-fault claim of that type is treated. If you were uninsured yourself, see our FAQ on claims when you didn’t have insurance.
How Do Insurance Companies Generally Decide on Rate Changes?
Consulting a Mount Pleasant auto insurance claim attorney can help you understand these internal industry standards. As a general industry practice, auto insurers set prices based on risk factors, which commonly include:
- Accident history.
- Claims history.
- Driving violations.
- Other factors in their filed rating plans.
How much weight each factor gets, and how many years of history an insurer looks at, varies by company and policy. No single lookback period applies to every insurer. Your insurer can tell you its own.
Does Fault or Shared Fault Affect the Answer?
It can, mainly if your own coverage is involved. South Carolina follows modified comparative negligence (Nelson v Concrete Supply Co South Carolina, 1991). An injured person may recover only if their own fault is not greater than the other party’s, and any recovery is reduced by their share of fault.
Insurance companies love to use the South Carolina comparative negligence 51 percent rule to raise rates. If fault is disputed or shared, that affects your injury claim, and it may also affect how your own insurer views the accident if you file on your policy.
Should I Avoid Filing a Claim Because I’m Worried About My Premiums?
That is your decision, and it is worth making with accurate information rather than assumptions. For a third-party claim against an at-fault driver, the payment comes from their policy, which is a key difference. For a first-party claim on your own coverage, ask your insurer how it would be treated before deciding. Also weigh the cost of your injuries and losses if they go uncompensated. If you suffered massive injuries requiring long-term care, specific South Carolina damages caps 2026 updates may apply in certain medical malpractice or government liability scenarios, making professional legal guidance essential to maximize your financial recovery.
Where Can I Get Answers Specific to My Own Policy?
A law firm FAQ cannot answer policy-specific rating questions. Those belong with your insurer and the Department of Insurance.
- Your insurance company or agent can explain your policy’s terms and how a specific claim would be treated at renewal.
- The South Carolina Department of Insurance offers consumer information and a way to file a complaint about an insurer’s practices. If an insurer is acting in bad faith, you may need to file a formal South Carolina Department of Insurance consumer complaint.
How Can a South Carolina Car Accident Lawyer Help if I File a Claim?
A dedicated Richland County collision attorney can intercept insurance communications to protect you. A South Carolina car accident lawyer can:
- Evaluate fault.
- Identify which insurer should pay, which is often the at-fault driver’s.
- Handle communications with insurers.
- Pursue your injury claim.
If you are fighting an unfair premium hike or bad faith denial locally, a Greenville car insurance dispute lawyer can intervene. A lawyer cannot control how your own insurer sets future premiums, and no one can guarantee a result. For more on dealing with insurers, see the questions insurance companies ask after an accident.
Talk to Shelly Leeke Law Firm About Your Accident Claim
If questions about premiums are holding you back, request a free consultation with Shelly Leeke Law Firm or call (843) 604-3273 to talk through the claim itself. Our Charleston insurance claim lawyer cost is tied exclusively to successful financial recovery, meaning you pay nothing out of pocket to protect your rights with Shelly Leeke Law Firm Charleston.
