Car accidents are stressful enough, but when alcohol or drugs are involved, everything feels heavier.
If you were hurt by a driver who was under the influence in South Carolina, you may be wondering how that changes your injury claim.
The short answer is: it can change a lot.
This article breaks it down in plain, everyday language—no confusing legal talk—so you can understand what’s different, what stays the same, and what steps matter most after a DUI-related crash.
How DUI Changes the Big Picture
In a typical car accident claim, the main question is who caused the crash. With a DUI accident, there is often much stronger evidence pointing to the impaired driver.
Driving under the influence is illegal in South Carolina. The state’s DUI laws are found in South Carolina Code § 56-5-2930, which makes it unlawful to drive while impaired by alcohol, drugs, or a combination of both.
You can read the statute directly on the South Carolina Legislature’s website: South Carolina DUI Statute (§ 56-5-2930)
Because DUI is a serious traffic offense, it can strongly support a personal injury claim—even though it doesn’t automatically mean you “win.”
Proving Fault Is Often Easier
In a Normal Accident
In many crashes, insurance companies argue about:
- Speed
- Distraction
- Road conditions
- Who had the right of way
In a DUI Accident
When a driver is arrested for DUI:
- Police reports often include field sobriety tests and breath or blood results
- Officers may clearly state the driver was impaired
- Witnesses may have noticed slurred speech or unsafe driving
All of this can make it harder for the insurance company to deny responsibility.
That said, South Carolina still follows a comparative fault rule. This means your actions are also reviewed.
If you are found more than 50% at fault, you cannot recover damages. Even in DUI cases, insurers may try to shift some blame.
Criminal Case vs. Injury Claim: Two Separate Paths
One common point of confusion is the difference between the DUI charge and your injury claim.
The DUI Criminal Case
- Handled by the state
- Focuses on punishing the impaired driver
- May result in jail time, fines, license suspension, or court-ordered programs
You can track DUI case outcomes through the South Carolina Judicial Branch: South Carolina Courts – Case Records
Your Injury Claim
- Focuses on your losses
- Seeks financial compensation, not punishment
- Moves forward even if the DUI charge is dismissed or reduced
A criminal conviction can help your injury claim, but it is not required to pursue compensation.
Damages May Be Higher in DUI Accidents
Injury claims usually cover things like:
- Medical bills
- Lost income
- Pain and discomfort
- Vehicle damage
In DUI accident cases, there may be additional damages available because impaired driving is considered especially dangerous behavior.
Punitive Damages
South Carolina law allows punitive damages when someone’s actions are reckless or willful. Driving under the influence often meets that standard.
Punitive damages are meant to:
- Punish extremely unsafe behavior
- Discourage similar conduct in the future
South Carolina’s rules on damages can be found in Title 15 of the South Carolina Code, available here: South Carolina Code of Laws – Title 15
Not every DUI case qualifies for punitive damages, but the possibility often changes how insurance companies evaluate the claim.
Insurance Issues Are More Complicated
The At-Fault Driver’s Insurance
Even if a driver was drunk, their insurance company still represents them. Insurers may:
- Delay the claim
- Question the severity of injuries
- Argue about medical treatment
DUI does not force an insurer to automatically pay policy limits.
Your Own Insurance Coverage
In some DUI accidents:
- The drunk driver may be uninsured
- Coverage limits may be too low
This is where uninsured or underinsured motorist coverage can become important.
Time Limits Still Apply
Even though DUI accidents feel different, the deadlines do not change.
In South Carolina, most injury claims must be filed within three years of the date of the accident. This deadline comes from South Carolina Code § 15-3-530.
Missing this deadline usually means losing the right to recover compensation—no matter how serious the DUI or injuries were.
What You Can Do to Protect Your Claim
If you were hurt by a drunk driver, a few early steps can make a real difference:
1. Get Medical Care Right Away
Some injuries take time to show symptoms. Early treatment also creates records that connect your injuries to the crash.
2. Keep All Paperwork
Save:
- Medical bills
- Repair estimates
- Police reports
- Photos of injuries and damage
3. Be Careful With Insurance Statements
Insurance adjusters may sound friendly, but their goal is to reduce payouts. What you say can be used later.
4. Follow the Criminal Case
Updates in the DUI case—such as a guilty plea—may help support your injury claim.
Here’s a complete car accident checklist.
How DUI Accidents Feel Different for Victims
Beyond the legal and insurance issues, DUI crashes often come with emotional weight. Many people struggle with anger or disbelief that their injuries were caused by a choice someone else made.
South Carolina courts recognize this added harm, which is why DUI-related claims are often treated more seriously than ordinary accidents.
Final Thoughts: Understanding Your Options Matters
A DUI car accident changes the tone and value of a South Carolina injury claim, but it does not remove all challenges. Fault still matters. Deadlines still apply. Insurance companies still push back.
Knowing how DUI affects your claim can help you make informed decisions at a time when clarity is hard to find.
Talk With a South Carolina Car Accident Lawyer About How DUI Facts Change Your Claim
If you or someone you love was injured by a drunk driver in South Carolina, you don’t have to navigate the process alone.
A conversation with a qualified South Carolina personal injury attorney can help you understand your options, protect your rights, and decide on the next step forward.
Reach out today to get answers and regain peace of mind.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.