In South Carolina, all drivers are required by law to have sufficient liability coverage. Unfortunately, not all people follow the law. The Insurance Information Institute (III) reports that 12.3 percent of drivers in South Carolina are uninsured. That means that there are hundreds of thousands of drivers in our state without the minimum mandatory liability coverage.
This raises an important question: What to do if hit by an uninsured driver? The short answer is that you need to take immediate action to protect your rights. There are several options available to seek financial compensation for your damages. Here, our South Carolina car accident lawyer explains what you should do after a crash with an uninsured motorist.
Five Steps to Take After an Accident With Uninsured Driver in South Carolina
Were you involved in a collision with a driver who does not have the minimum mandatory liability coverage? You need to take proactive measures to protect your health, safety, and legal rights. Here are five of the most important steps to take after being involved in an accident with an uninsured or underinsured driver in South Carolina:
Stop Your Car and Exchange Information:
Under South Carolina law, all motorists who are involved in a crash are required to stop their vehicle and exchange information. You should be sure to take the other driver’s name, vehicle information, contact details, and insurance policy. Of course, if they do not have valid insurance, you need to note that fact.
- Call the Police to Report the Crash: All motor vehicle collisions in South Carolina should be reported to law enforcement. It is especially important to report your crash to the local police or state police if the other driver did not have valid insurance coverage. A police report is key evidence—especially in an uninsured motorist claim.
- See a Doctor Right Away for Any Injuries: All auto accident injuries should be evaluated by a licensed physician. Certainly, severe injuries require immediate emergency care. Non-emergency injuries should also be assessed by a doctor. Not only is getting medical attention crucial for your health, but it is also a required step in the legal claims process.
- Document the Motor Vehicle Accident: Car accident injury claims are fault-based cases in South Carolina. Uninsured motorist accident claims are no exception to the rule. You should document as much information as possible about your crash with an uninsured driver. Along with other things, this includes taking pictures and gathering contact details.
- Notify Your Own Insurance Company of the Crash: Finally, it is important to notify your own insurance company that you were involved in a collision with an uninsured driver. You do not need to have all of the details—nor should you agree to provide a recorded statement—but you should give basic notice that a crash happened.
Understanding Uninsured Motorist Coverage and Your Options in South Carolina
Car accident cases can be complicated—especially so if you were hit by an uninsured driver. In South Carolina, you have a few different avenues to seek financial support after this type of crash.
Here is an overview of your options for compensation after an accident with an uninsured driver:
- Hold Driver Personally Liable (Difficult): South Carolina is a fault-based auto accident state. The at-fault driver bears responsibility for a crash they caused through negligence regardless of whether or not they have the proper liability coverage. One option for recovering compensation after a crash with an uninsured driver in South Carolina is to file a personal injury lawsuit against them. However, this can be challenging because many uninsured drivers lack the financial resources to pay for damages—even if they are found responsible by the court. Still, it is an option worth considering.
- Bring a Claim Through Your Insurer (UM/UIM Coverage): In most cases, the best option for getting compensation after a crash with an uninsured driver in South Carolina is through your own insurance company. If you have uninsured motorist (UM) coverage as part of your auto insurance policy, you can file a claim with your insurer to recover compensation for your injuries and damages. Notably, in South Carolina, UM coverage is required—so most drivers have at least the minimum coverage available. Still, these claims can be complicated. A top-tier South Carolina car accident lawyer can help you navigate a claim against your insurance carrier.
- Identify a Negligent Third Party: Finally, there may be a third party who also bears liability for the accident beyond the uninsured driver. For example, if a defective roadway design or poor maintenance contributed to the accident, a claim against a government entity may be possible. Along the same lines, if the uninsured driver was operating a company vehicle, their employer could be held liable. An experienced South Carolina car accident lawyer can investigate your crash and help you identify anyone who may be held liable.
Why Trust Smith & Jones for Uninsured Motorist Crashes in South Carolina
Uninsured motorist accident claims are notoriously complex. It is normal to feel stressed out, frustrated, and even overwhelmed. At Smith & Jones Law, LLC, we are committed to helping injured victims get justice and the maximum compensation. Recovery may be available for vehicle repairs, medical bills, lost wages, and pain and suffering. We have the experience needed to take on the full range of crashes, including uninsured motorist accident claims. You do not have to take on an uninsured motorist claim alone. Our South Carolina car accident lawyer provides no-cost, confidential, and zero-obligation initial consultations to victims and their families.
Contact Our South Carolina Car Accident Attorney Today
At Smith & Jones Law, LLC, our South Carolina uninsured motorist accident lawyers are here to help.
If you or your loved one was hurt in a crash with an uninsured motorist, please do not hesitate to contact us today. From our offices in Lexington and Mauldin, we represent injured victims in uninsured motorist accident claims throughout the wider region of South Carolina.