Auto Accidents

What is liability coverage, uninsured coverage and underinsured coverage? Many people know what liability coverage and uninsured coverage are but don’t understand what underinsured coverage is and why they should have it. LIABILITY COVERAGE Liability coverage is coverage purchased to protect an at-fault driver in an accident by providing coverage that compensates the people they injure in an accident. In South Carolina the minimum liability coverage for automobile insurance is $25,000.00 per person or $50,000 per accident for bodily injury and $25,000.00 per accident for property damage per S.C. Code Ann. § 38-77-140. With minimum limits coverage, no person who was injured will get more than $25,000.00 in compensation for their injuries, medical bills and/or lost wages and the liability insurance carrier will not pay more than $50,000.00, in total, for injuries, medical bills and lost wages regardless of how many people were injured in an accident. Also, under minimum limits coverage the liability insurance carrier will not pay more than $25,000.00 in property damage no matter the number of vehicles or amount of property damaged. Often, minimum limits coverage is insufficient to fully compensate those injured in auto accidents by an at-fault driver and can leave an at-fault driver exposed to being sued by injured parties seeking proper compensation from the at-fault driver’s personal assets. Those who wish to better protect themselves, especially people having significant assets, should consider purchasing higher limits of coverage. ________________________________________________ What if you are severely injured by a driver who had no coverage or insufficient coverage to fully compensate you? You can file a lawsuit and go after their personal assets, however often drivers with no coverage or minimum limits have very little in personal assets to help compensate you. So, what can you do? If they have no insurance you can look to your own uninsured motorist coverage on your policy. If they have coverage but it is insufficient to fully compensate you, you can look to underinsured coverage on your policy, if you have it. UNINSURED COVERAGE What happens when you are hit by a driver that has no liability insurance covering them or the vehicle they were operating? Uninsured coverage is required coverage per S.C. Code Ann. § 38-77-150 for every automobile insurance policy issued in South Carolina. Uninsured coverage is required in the same amounts as liability coverage. This coverage applies when someone is injured by someone not having liability coverage on the vehicle they are operating or covers them while operating such a vehicle. It is the injured person’s own coverage that compensates them. Uninsured coverage for property damage does allow for a deductible/exclusion of the first $200.00 in damage. There are rules on filing lawsuits related to uninsured coverage and making recoveries. There are also circumstances where an injured party may be able to “stack” uninsured coverage on different vehicles to allow greater compensation. To properly discuss these issues and how they may apply to you it is best to speak personally with an attorney. Please contact us at 803-996-3333 for a free consultation if you would like to speak personally with one of our attorneys. UNDERINSURED COVERAGE What happens when your injured by a driver who has liability coverage but it is not enough to fully compensate you for your injuries or damage to your property? Hopefully you have underinsured motorist coverage to help compensate you for your injuries and damages. Underinsured coverage is coverage that applies after an injured party has exhausted the liability coverage for an at-fault party. In South Carolina, the amount of your underinsured coverage is an additional amount of compensation above the liability coverage(s) that you can have that will allow you to try to fully compensate yourself for your injuries and damages. Underinsured coverage is an optional coverage that must be offered to you in South Carolina pursuant to S.C. Code Ann. § 38-77-160. Underinsured coverage is often not that expensive and offers you a better chance to protect/compensate yourself if you sustain serious injury. You must be offered this coverage, up to your liability limits, by your automobile insurance carrier, but it is usually possible to buy varying amounts of underinsured coverage. Underinsured coverage must be offered in a way that is “meaningful”. This means there are rules on how this coverage is offered and explained to you. If your carrier fails to give you a “meaningful” offer of underinsured coverage you may still have a right to such coverage if you are injured by a driver with insufficient coverage to fully compensate you. Like uninsured coverage, there are rules for making a recovery from underinsured coverage and possibly “stacking” underinsured coverage on different vehicles. Again, to properly discuss these issues and how they may apply to you it is best to speak personally with an attorney. Please contact us at 803-996-3333 for a free consultation if you would like to speak personally with one of our attorneys .