Car accidents are stressful, especially when you find out that the other driver does not have the proper insurance coverage. Liability coverage is mandatory in South Carolina. Yet, too many people operate without it. This raises an important question: what to do if hit by an uninsured driver? The short answer is that you should take immediate action to protect your health, safety, and legal rights. Within this article, our Moncks Corner car accident lawyer provides a guide to uninsured motorist claims in South Carolina.
The Challenge: Many Drivers in South Carolina Lack Proper Liability Coverage
In South Carolina, motorists are required to have minimum mandatory liability coverage. You may hear the minimum policy called a 25/50/25 policy. The specific minimums are:
- $25,000 bodily injury liability per person;
- $50,000 bodily injury liability per accident; and
- $25,000 property damage liability per accident.
Sadly, not all drivers follow the law. According to data from the Insurance Information Institute (III), approximately 12.3 percent of drivers in South Carolina are uninsured.
Steps to Take If Hit By an Uninsured Driver in Moncks Corner
Were you hit by an uninsured driver in Moncks Corner or elsewhere in the surrounding area in South Carolina? It is normal to feel frustrated. That motorist is in violation of their responsibilities under the law. Still, you need to take a proactive approach to protect your rights and your interests. Here are four of the most important things to do after an uninsured driver crash:
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- Stop Your Car and Call the Police: Under South Carolina, all motorists involved in a crash have a duty to stop their vehicle and remain at the scene. You should call law enforcement immediately to report the crash. Do not let a driver without insurance talk you out of it.
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- Document the Accident: The car accident should be documented. Doing so is especially important in uninsured motorist claims. Be sure to take photographs, get contact details for witnesses, and save other relevant evidence/information.
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- Seek Prompt Medical Care: All car accident injuries require immediate care for a doctor. Be proactive. Your medical needs matter. If you do not have medical records, you cannot bring a car accident injury claim in South Carolina.
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- Notify Your Own Insurer: Call your insurance company and report the accident as soon as you are safe. You should tell them the other driver was uninsured and that you will need to pursue a claim under your own policy. You should be prepared to initiate an uninsured motorist (UM) claim if you have that coverage.
- Consult with an Attorney: Motor vehicle accident claims involving uninsured drivers are especially complicated. Do not take on the claims process alone. The sooner you consult with a South Carolina uninsured motorist accident attorney, the better.
Your Three Options for Getting Compensation for an Uninsured Driver Crash
If you were hit by an uninsured driver in South Carolina, you have three broad options for getting financial compensation for your damages. Here is an overview of the three paths:
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- Lawsuit Against Responsible Driver (Difficult): South Carolina is a fault-based motor vehicle accident state. With that in mind, you can always file a claim directly against the responsible party. That is true even if they lack insurance coverage. However, this option is often the least effective because most uninsured drivers have few assets and no realistic ability to pay a judgment. Even if you win in court, collecting on the award may be impossible. In other words, South Carolina allows you to sue, but pursuing compensation from someone with no insurance and limited income rarely leads to meaningful recovery. Still, it is an option that is worth considering.
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- Claim Through Your Own UM/UIM Policy: You may have a viable claim through your own uninsured motorist/underinsured motorist (UM/UIM) policy. Indeed, in many cases, the most effective way to get compensation after a crash with an uninsured driver in South Carolina is by filing a claim under your own uninsured motorist (UM) policy. Following this type of crash, you should take a careful review of your policy. If you do not have any form of UM/UIM coverage, you should file a claim to seek compensation.
- Hold a Third Party Liable for the Crash: Finally, in some circumstances, a third party may bear fault as well. For example, you may have this type of claim against another (insured) driver who also contributed to the crash. Alternatively, you could have this type of claim include a vehicle owner who negligently entrusted the car. Third-party liability can provide a much-needed path to real compensation. With that being said, proving third-party fault requires a thorough investigation and strong supporting evidence.
A More Comprehensive Overview of Uninsured Motorist Coverage in South Carolina
Uninsured motorist coverage is a special type of insurance that is usually obtained as a provision as part of your overall motor vehicle policy. It is designed specifically for this situation: to pay out when you are hit by an unlawfully uninsured driver. Notably, uninsured motorist (UM) coverage is mandatory in South Carolina. It is included in every auto insurance policy issued in the state. The coverage protects you when you are injured by a driver who has no liability insurance. UM coverage applies to both bodily injury and, in some cases, property damage. It allows you to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. You can bring a claim up to the value of your policy limits. In these cases, your own insurer steps into the role of the at-fault party’s insurer and may aggressively resist your claim. With that in mind, you must treat a UM claim just as seriously as a claim against another driver’s insurer.
How A South Carolina Uninsured Driver Accident Attorney Can Help
Uninsured motorist claims are notoriously complex. You may have a lot of questions about your rights, your responsibilities, and your options after a collision. Do not take on the process alone. Insurance companies are not on your side, even when you are dealing with your own UM/UIM provider. At the West Law Firm, we provide exceptional legal representation to injured victims. Our case results show what our firm can do in car accident claims, including uninsured driver cases. Your initial case review with our Moncks Corner car crash lawyer is free and fully confidential.
Set Up a Free Case Review With Our Moncks Corner Uninsured Motorist Lawyer Today
At the West Law Firm, our Moncks Corner uninsured motorist accident attorney is standing by, ready to fight for your rights and your interests. Do not go it alone after a bad crash. If you were hit by an uninsured driver, we are more than ready to help. Call us now or contact us online to arrange your free, fully confidential initial consultation. We handle uninsured motorist claims in Moncks Corner, Berkeley County, and throughout the wider region in South Carolina.