Being hit by an uninsured driver can feel like a nightmare on top of a nightmare. You’re dealing with injuries, vehicle damage, and mounting bills, and now you’ve discovered the at-fault driver has no insurance to cover your losses. Unfortunately, this isn’t rare. Nearly 1 in 10 South Carolina drivers is uninsured, according to recent studies. It’s frustrating, overwhelming, and you’re probably wondering how you’ll recover compensation for your medical expenses and repairs. Here’s what you need to know about your rights and options after a car accident with an uninsured driver in South Carolina.
Take these immediate steps at the accident scene
The moments after any car accident are critical, but when you’re dealing with an uninsured driver, documenting everything becomes even more important.
Call 911 immediately. Report the accident to law enforcement, even if it seems minor. You need an official police report that documents the accident, especially when dealing with an uninsured motorist. Tell the responding officer if the other driver admits to not having insurance.
Get the driver’s information. Collect their name, address, phone number, driver’s license number, and vehicle information (make, model, license plate). Even without insurance, you’ll need this information for your uninsured motorist claim or potential lawsuit.
Document the scene thoroughly. Take photos of all vehicle damage, the accident scene, road conditions, traffic signs, and any visible injuries. Get contact information from witnesses. When the other driver has no insurance, your evidence becomes your strongest tool.
Seek medical attention right away. Even if you feel fine, see a doctor the same day. Some injuries don’t show symptoms immediately, and insurance companies will use any delay in treatment against you. With an uninsured driver, you’ll likely be filing a claim against your own insurance, and they’ll scrutinize your medical records carefully.
Don’t accept any cash settlements at the scene. An uninsured driver might offer to pay for damages out of pocket to avoid reporting the accident. Don’t accept this. Your injuries and repair costs could be far more than you realize, and without a police report and proper documentation, you’ll have no recourse if they fail to pay.
Call Smith & Jones Law at 803-784-0730 for a free consultation. With over 35 years of combined experience handling car accident cases, we know how to protect your rights when dealing with uninsured drivers.
Understanding uninsured motorist coverage in South Carolina
South Carolina law actually protects you in this situation. Under South Carolina Code Section 38-77-150, all auto insurance policies in South Carolina must include uninsured motorist coverage. This means if you have car insurance in South Carolina, you already have protection against uninsured drivers.
Here’s what South Carolina requires:
Your uninsured motorist (UM) coverage must provide at least $25,000 per person for bodily injury, $50,000 per accident for all bodily injuries, and $25,000 for property damage. These are the same minimums required for liability insurance. However, UM coverage typically includes a $200 deductible.
What uninsured motorist coverage pays for:
When you’re hit by a driver with no insurance (or by a hit-and-run driver whose identity is unknown), your UM coverage can pay for your medical expenses, lost wages, pain and suffering, and property damage to your vehicle. You file the claim against your own insurance company, not the at-fault driver’s insurer.
Underinsured motorist coverage is different. While UM coverage is mandatory, underinsured motorist (UIM) coverage is optional in South Carolina. UIM coverage helps when the at-fault driver has insurance, but their policy limits aren’t enough to cover all your damages. Insurance companies must offer you UIM coverage, but you’re not required to purchase it. If you bought it, it can make up the difference between the at-fault driver’s coverage and your total losses.
How to file an uninsured motorist claim in South Carolina
Filing a UM claim isn’t always straightforward. You’re essentially making a claim against your own insurance company, and they won’t just hand over money without scrutiny.
Notify your insurance company immediately. Most policies require prompt notification of accidents. Contact your insurer as soon as possible after the accident, ideally within 24 hours. Tell them you were hit by an uninsured driver and plan to file a UM claim.
Provide all documentation. Your insurer will need the police report, photos, medical records, repair estimates, and any other evidence supporting your claim. The more thoroughly you document everything, the stronger your claim.
Understand the investigation process. Your insurance company will investigate the accident just as if they were defending against a claim. They’ll review the police report, examine your medical treatment, verify the other driver’s lack of insurance, and assess fault. They may even argue you share some responsibility for the accident to reduce what they pay.
Negotiate the settlement. Insurance companies, even your own, typically offer less than your claim is worth initially. With over 35 years of combined experience, our attorneys at Smith & Jones Law know how to negotiate with insurers and push for full compensation. We’ve handled car accident cases throughout South Carolina and understand the tactics insurance companies use.
Know the time limits. South Carolina’s statute of limitations generally gives you three years from the date of the accident to file a lawsuit. However, it is important to report an uninsured claim to your insurance as soon as possible. Don’t wait, as delay can jeopardize your recovery.
Why you need an experienced attorney for uninsured motorist claims
Many people assume that because they’re filing a claim against their own insurance, they don’t need a lawyer. This is a costly mistake. Your insurance company has an interest in paying you as little as possible to protect their bottom line.
Your insurer will scrutinize your claim. They’ll look for reasons to deny or reduce your claim, including arguing you were partially at fault, questioning the severity of your injuries, or claiming your medical treatment was excessive. Without legal representation, you’re negotiating against experienced insurance adjusters and attorneys.
UM claims can be complex. Issues arise regarding whether the other driver truly was uninsured, whether you properly documented the accident (especially important with hit-and-run claims), and whether you’ve maximized all available coverage. Our attorneys know how to navigate these complexities.
You deserve full compensation. UM coverage should pay for all your damages, including medical expenses, lost wages, pain and suffering, property damage, and future medical needs. Insurance companies rarely offer full value initially. We know what your claim is worth and how to fight for it.
How Smith & Jones Law can help with your uninsured motorist claim
At Smith & Jones Law, handling car accident cases is a major practice area for our firm. With over 35 years of combined experience serving clients throughout South Carolina, we understand the challenges you’re facing after being hit by an uninsured driver.
We handle everything so you can focus on healing. From investigating the accident and gathering evidence to negotiating with your insurance company and, if necessary, filing a lawsuit, we take care of the legal work. You focus on recovering from your injuries.
We know how insurance companies think. Our attorneys understand the tactics insurers use to minimize payouts, and we know how to counter them. We build strong cases that demonstrate the full extent of your damages and protect you from fault arguments.
You pay nothing unless we win. We work on a contingency fee basis, which means you don’t pay us unless we recover compensation for you. Your consultation is completely free, and there’s no obligation to hire us.
We serve clients from both our Lexington and Mauldin offices. Whether you’re in Lexington, Mauldin, or anywhere in South Carolina, we’re here to help. Call us today to discuss your case.
Call Smith & Jones Law at 803-784-0730
Frequently asked questions about uninsured driver accidents in South Carolina
How long do I have to file a claim after being hit by an uninsured driver?
South Carolina’s statute of limitations generally gives you three years from the date of the accident to file a lawsuit. However, don’t wait to report an accident or get help, as evidence disappears and memories fade. Contact us as soon as possible to protect your rights.
What if the uninsured driver who hit me left the scene?
Hit-and-run accidents fall under uninsured motorist coverage in South Carolina. However, you must report the accident to the police within a reasonable time, and the injury or damage must have been caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner/operator of your vehicle.. Call us immediately if you were involved in a hit-and-run so we can ensure you meet all requirements to preserve your claim.
Can I sue the uninsured driver directly instead of filing a UM claim?
Yes, you can file a personal injury lawsuit against the uninsured driver personally. However, this often isn’t practical because uninsured drivers typically lack the financial resources to pay a judgment. Filing a UM claim against your own insurance is usually the best path to recovering compensation. In some cases, we pursue both the UM claim and a lawsuit against the driver. We’ll advise you on the best strategy for your situation.
What if the other driver lied about having insurance at the scene?
Some drivers claim to have insurance at the accident scene but later turn out to be uninsured. Others provide fake insurance cards. If you discover after the accident that the other driver has no valid insurance, notify your insurance company immediately and file a UM claim. The police report will document what information was exchanged at the scene, and your insurer will verify the other driver’s coverage status during their investigation.
How much is my uninsured motorist claim worth?
The value depends on the severity of your injuries, medical expenses, lost wages, property damage, and pain and suffering. Insurance companies typically offer less than claims are worth initially. With over 35 years of combined experience handling car accident cases, we know how to value claims accurately and negotiate for full compensation. Call us for a free case evaluation.
Don’t face your insurance company alone
Being hit by an uninsured driver doesn’t mean you’re stuck paying for someone else’s mistake. South Carolina law requires UM coverage precisely to protect you in this situation. However, recovering full compensation requires experienced legal representation.
Don’t let your insurance company minimize your claim. At Smith & Jones Law, we’ve spent over 35 years helping injured South Carolina residents recover the compensation they deserve. Our offices in Lexington and Mauldin are ready to help you with your uninsured motorist claim.
Your consultation is free, and you pay nothing unless we win your case. Call us today.
Contact Smith & Jones Law:
- Lexington office: (803) 884-9077
- Mauldin office: (864) 971-3046
Don’t wait. The sooner we start building your case, the better your chances of full recovery. Call now.