What Happens If an Uninsured Driver Hits You in South Carolina?

Imagine this: you’re driving home from work on Dorchester Road when another car runs a red light and slams into your passenger side. The other driver has no license, no insurance card, and no way to pay for the damage. You’re hurt, your car is wrecked, and you’re wondering whether anyone will cover a single dollar of your losses. If this scenario sounds familiar, whether it happened in Summerville or anywhere else in the Lowcountry, South Carolina law may offer more protection than you realize.

Call our Summerville office at 843-483-8630 for a free consultation. We don’t charge a fee unless we win your case.

South Carolina’s Uninsured Motorist Law: The Basics

South Carolina takes uninsured motorist (UM) coverage seriously. Under S.C. Code Ann. § 38-77-150, no automobile insurance policy can be issued or delivered in the state unless it includes an uninsured motorist provision. This means that if you have car insurance in South Carolina, you almost certainly have UM coverage built into your policy.

This provision requires your insurer to pay you the damages you’re legally entitled to recover from the uninsured driver, with coverage limits at least equal to the state’s minimum requirements. The law also requires at least $25,000 in property damage coverage under the UM provision.

South Carolina’s minimum auto insurance requirements under S.C. Code Ann. § 38-77-140 are $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people, and $25,000 for property damage. Your UM coverage will match at least these minimums, though you may have elected higher limits when you purchased your policy.

What is Uninsured Motorist Coverage, and Do You Need it?

Uninsured motorist coverage is a type of insurance that protects you when the driver who caused your accident has no liability insurance. It’s your own insurance company that pays the claim, not the at-fault driver’s insurer.

Because South Carolina requires UM coverage on every auto policy, you already have it if you’re insured in this state. But here’s a detail many drivers overlook: under S.C. Code Ann. § 38-77-160, insurance carriers must also offer you the option to purchase additional UIM coverage up to the limits of your own liability coverage. If you carry $100K/$300K in liability, you can carry UIM coverage at those same limits.

Opting for higher UIM limits is one of the most effective ways to safeguard yourself and your family. The state minimums often fall far short of what a serious accident actually costs.

Your Options When the At-Fault Driver Has No Insurance

If an uninsured driver caused your accident in Summerville or elsewhere in South Carolina, you generally have a few paths to compensation.

1. File a claim under your own UM coverage. This is the most common and often the most effective approach. Your own insurance company steps into the shoes of the uninsured driver’s insurer and pays your claim up to your policy limits.
2. Sue the uninsured driver directly. You have the legal right to file a lawsuit against the at-fault driver personally. The challenge is that most uninsured drivers don’t have significant assets to pay a judgment. Even if you win, collecting can be difficult.
3. Explore other potential sources of coverage. In some cases, other insurance policies may apply. If you were a passenger, the vehicle owner’s insurance may cover you. If the accident involved a commercial vehicle, the company’s policy may come into play.

For most people, filing a UM claim with their own insurer is the fastest and most reliable option. But don’t assume your insurance company will treat you generously just because it’s your own policy. Their financial incentive remains to pay as little as possible.

How to File an Uninsured Motorist Claim in South Carolina

Filing a UM claim involves several important steps. Here’s what you should do.

Report the accident immediately. Call law enforcement and make sure there’s an official police report. This documentation is critical, especially when the other driver is uninsured.

Get medical treatment right away. See a doctor the same day, even if you feel fine. Some injuries can take hours or days to show symptoms, and any delay in treatment gives the insurance company a reason to question your claim.

Notify your insurance company. Let your insurer know the other driver was uninsured and that you intend to file a UM claim. Do this promptly, but be careful not to give recorded statements without legal guidance.

Document everything. Keep records of your medical bills, lost wages, vehicle repair estimates, and any other expenses related to the accident. Take photos of the accident scene and your injuries.

Talk to a car accident lawyer before accepting any offer. Your own insurance company isn’t on your side in this situation. They’ll try to settle for as little as possible. An experienced attorney can evaluate your claim and negotiate on your behalf.

Need help with your uninsured motorist claim? Call West Law Firm Personal Injury Lawyers at 843-483-8630. Your consultation is free.

How Much Can You Recover From an Uninsured Driver?

The compensation you can pursue in a UM claim is similar to what you’d seek in any car accident case. This typically includes:

– Medical bills (past and future)

– Lost wages and reduced earning capacity

– Pain and suffering

– Property damage

– Rehabilitation and ongoing care costs

The UM coverage limits on your policy limit your recovery. If you carry the state minimum of $25K per person, that’s the maximum your insurer will pay for your bodily injury, regardless of how much your damages actually total. This is why carrying higher UM limits matters so much.

Be aware that South Carolina’s three-year filing deadline under S.C. Code Ann. § 15-3-530 applies to most UM claims as well. Waiting too long can jeopardize your ability to recover; critical documentation gets harder to obtain, and the details surrounding your accident become less clear with each passing month.

What About Underinsured Motorist Claims?

Sometimes the at-fault driver does have insurance, but their coverage isn’t enough to cover your damages. This is where underinsured motorist (UIM) coverage comes in.

Under S.C. Code Ann. § 38-77-160, South Carolina insurance carriers must offer underinsured motorist (UIM) coverage that applies when damages exceed the at-fault driver’s liability limits. If the other driver’s $25K policy doesn’t come close to covering your $100K in medical bills, your UIM coverage can help bridge the gap.

UIM claims can be complex because they involve coordination between the at-fault driver’s insurer and your own. Having an attorney handle these negotiations makes a real difference in the outcome.

How West Law Firm Personal Injury Lawyers Handles Uninsured Motorist Cases

Since opening our doors in 1945, West Law Firm Personal Injury Lawyers has been a family-owned practice rooted in the Lowcountry. Over four generations, our attorneys have guided individuals in Summerville and across the region through the complexities of uninsured and underinsured motorist claims.

We know the playbook that insurance companies follow for UM claims, including delays, lowball offers, and requests for unnecessary documentation. We also know how to respond. From conducting a thorough accident investigation to standing firm in negotiations with your insurer, we manage the legal process so you can concentrate on getting better.

Our firm takes these cases on a contingency fee basis. You owe us nothing unless we secure compensation on your behalf, and your first consultation carries no cost or obligation.

Frequently Asked Questions About Uninsured Motorist Claims in SC

Can I still get compensation if the other driver has no insurance?

Yes. If you have uninsured motorist coverage on your own auto policy (and South Carolina law requires it), you can file a UM claim with your own insurer to recover compensation for your injuries and property damage.

What if the uninsured driver was at fault but fled the scene?

South Carolina law treats a vehicle as uninsured if the owner or operator is unknown. You may be able to file a UM claim for a hit-and-run accident, but specific conditions apply. Contact an attorney to discuss your situation.

How long do I have to file a claim?

South Carolina’s statute of limitations for personal injury is generally three years from the date of the accident. However, reaching out to an attorney early gives you the best chance of preserving the proof that matters most.

How much does it cost to hire a car accident lawyer?

At West Law Firm Personal Injury Lawyers, there is no upfront cost. We handle cases on contingency, meaning our fee is a percentage of what we recover for you. If there’s no recovery, you pay nothing. Your first meeting with us is free and comes with no strings attached.

Talk to a South Carolina Uninsured Motorist Accident Lawyer Today

If an uninsured driver hit you in Summerville or anywhere in the Lowcountry, don’t try to handle the insurance company on your own. West Law Firm Personal Injury Lawyers can help you understand your options and pursue the compensation you need to move forward.

Call our Summerville office at 843-483-8630 for a free consultation. We also have offices in Moncks Corner (serving Berkeley County) and Beaufort, serving the Lowcountry since 1945.