South Carolina Injuries

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My coworker said VA care kills my Columbia crosswalk claim is that true?

No - getting treatment through the VA does not cancel a South Carolina injury claim. Since South Carolina's auto liability minimums increased in 2024 to $25,000 per person and $50,000 per crash, insurers around Columbia have been re-checking older assumptions, and one of the biggest myths is that VA care means there is "nothing to claim." That is not how it works.

What makes it more complicated:

  • The VA and your injury claim are separate systems. You can use VA medical care and still pursue the driver who hit you in a Columbia crosswalk.
  • The VA may seek reimbursement for accident-related care from the at-fault driver's insurer. That affects how settlement money is divided, not whether your claim exists.
  • Your out-of-pocket bills are not the only damages. A claim can include pain, lost income, future treatment, mobility problems, and permanent impairment, even if the VA handled much of the treatment.
  • Fault still matters in South Carolina. The state uses modified comparative fault. If you are 51% at fault or more, you recover nothing. If you crossed outside the marked crosswalk, ignored a signal, or stepped into traffic on Assembly, Gervais, or near a busy I-26 feeder road, the insurer will use that.
  • Deadlines matter. Most South Carolina injury claims have a 3-year statute of limitations. If a City of Columbia, Richland County, or state vehicle was involved, the South Carolina Tort Claims Act can change the timeline to 2 years, or 3 years if a verified claim is filed within 1 year.
  • End-of-year pressure is real. Adjusters often push fast settlements before renewals or reserve changes. If you settle before the VA reimbursement issue is sorted out, the money can get tighter than expected.
  • Proof matters. Get the Columbia Police Department crash report, photos of the crosswalk, witness names, and your VA records tied to the pedestrian crash.
by Tammy Burriss on 2026-03-22

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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