In South Carolina, the driver who causes a crash is liable for any injuries and losses they cause. Usually, a person harmed in a crash will submit their claim to the at-fault driver’s insurance company. But what if the at-fault driver doesn’t have auto insurance?
South Carolina requires all drivers to have auto liability insurance. However, some irresponsible drivers drive uninsured. If you have been injured in a crash caused by an uninsured driver, you would submit the claim to your insurance company and use your uninsured motorist coverage, which covers you and your passengers. You may have questions about how uninsured motorist coverage works.
Do I Need Uninsured Motorist Coverage?
South Carolina requires all drivers to purchase uninsured motorist coverage in the same amounts as their liability coverage. Uninsured motorist coverage protects the policyholder directly. The minimum amounts of coverage are $25,000 per person per bodily injury and $50,000 for all people injured in a single accident. When you register your vehicle in South Carolina and purchase insurance coverage, uninsured motorist coverage will be included in your policy.
After you have been in a car accident, you should report the crash to your insurance company promptly. Inform your insurance company that the other driver was uninsured. Double-check with your insurance company how long you have to file an uninsured motorist claim to seek the compensation you are legally entitled to collect.
What Does Uninsured Motorist Insurance Cover?
Uninsured motorist coverage is a type of automobile insurance that covers car accident injuries if the at-fault driver doesn’t have insurance. If you sustain an injury and property damage to your vehicle in a collision and the other driver doesn’t have auto insurance or flees the accident scene, your uninsured motorist coverage should pay for your medical expenses, lost wages, and other related expenses up to the policy limits.
South Carolina legally requires that all drivers carry liability insurance. Unfortunately, many people break the law and drive uninsured. According to data from the Insurance Information Institute, about 12 percent of South Carolina drivers don’t carry liability insurance. Uninsured motorist coverage exists to protect responsible drivers from uninsured drivers and hit-and-run drivers.
Another type of insurance coverage available is underinsured motorist coverage. Underinsured motorist coverage is similar to uninsured motorist coverage, except that you use this coverage when the at-fault driver has some insurance but not enough to cover your injuries and losses after a crash. Underinsured motorist coverage can make up the coverage gap.
Your insurance company should offer underinsured motorist coverage when you purchase an auto liability policy, but South Carolina allows motorists to accept or decline this coverage. It is a good idea to have underinsured motorist coverage to fill any potential gaps in your uninsured motorist coverage.
Uninsured Motorist Claims in South Carolina
You need to notify your insurance company promptly as soon as you discover you need to file an uninsured motorist claim. This could happen at the accident scene if the other driver admits to not having insurance, or it could happen later when you discover the extent of the damage and your injuries.
Insurance companies often question uninsured motorist claims. This may happen even when you’re dealing with your own insurance company. An experienced personal injury lawyer such as David Blackwell can negotiate with the insurance provider on your behalf and protect you against common claim denial tactics.
South Carolina is one of a handful of states in the U.S. that allows drivers to stack uninsured motorist policies. Stacking means that you can combine uninsured motorist coverage limits from multiple policies in your name to cover your accident losses. Stacking exists to ensure motorists can get adequate coverage if a single policy is not enough.
Here is an example of how stacking works. Say you have two cars and separate $25,000 uninsured motorist coverage for each. If you get in an accident in one car, you may be able to combine the two $25,000 limits into a single $50,000 coverage limit.
Stacking separate insurance policies can quickly get complex due to differing coverage limits and policy provisions. An experienced car accident attorney in South Carolina can help you navigate insurance stacking regulations to help you get the most out of your settlement.
Does Uninsured Motorist Insurance Cover Hit-and-Run Accidents?
Yes, if you get in a hit-and-run accident in South Carolina, uninsured motorist coverage may cover your losses. Since uninsured motorist coverage is part of your insurance policy, you can use it if the at-fault driver flees the scene and you can’t get any insurance information from them.
South Carolina Code of Laws Section 38-77-170 establishes three requirements for filing an uninsured motorist claim when the at-fault driver is unknown:
- The victim or a party acting on their behalf must file a police report within a reasonable time frame after the accident.
- Any injuries or property damage must result from physical contact with the at-fault driver’s car. If the uninsured driver’s car did not make contact with your vehicle but caused it to run off the road, then a third-party witness must sign an affidavit attesting to the details of the accident.
In the case of a hit-and-run accident, if your insurance company disputes your uninsured motorist claim, then you may need to file a John Doe lawsuit — a lawsuit with an unknown defendant. Your insurance company would then defend the case on behalf of the defendant. A personal injury law firm that handles uninsured motorist claims can review the circumstances of your accident and discuss whether you have a personal injury case.
You can still file a personal injury lawsuit directly against the at-fault driver if you discover their identity later.
Call Our Expert Car Accident Attorney for Help
If you have been injured in a personal injury accident caused by an uninsured driver, you may have questions about filing a personal injury claim. You need an experienced personal injury attorney such as David Blackwell to offer trusted guidance and help you seek the full and fair compensation available for your medical bills, lost wages, and other losses. David Blackwell has more than 25 years of experience handling personal injury cases and helping insured people seek fair compensation Contact David Blackwell Law online or call us today for a free consultation.
