Getting into a car accident is a traumatic experience that leaves you feeling shaken and confused. When the other driver decides to speed away without stopping, that trauma turns into a mixture of anger and fear. You might be standing on the side of the road in Columbia or Charleston, wondering how you will pay for your car or your doctor visits since you never got a look at the other person’s license plate. It is a common myth that you are simply out of luck if the at-fault driver disappears. In reality, South Carolina has laws in place to make sure victims do not have to carry the financial burden alone.
Immediate Steps to Take After the Driver Flees
The moments right after a hit-and-run are the most important for your future legal case. Even though you are upset, you need to stay calm and follow a specific set of steps. First, check yourself and any passengers for injuries. Adrenaline is a powerful chemical that can mask physical pain. You might think you are fine, but internal injuries or whiplash often take hours or days to show symptoms. Getting checked by a medical professional right away is the smartest move for your health and your insurance claim.
If your vehicle is blocking a busy highway, move it to a safe location like a shoulder or a parking lot. This helps you avoid a secondary collision where another car hits your stationary vehicle. One thing you must never do is chase the fleeing driver. It is tempting to try to catch them to get that plate number, but high-speed chases are incredibly dangerous. You could end up in a much worse wreck or face a violent confrontation when the other driver finally stops.
Instead of chasing them, call 911 immediately. In South Carolina, the law requires you to report any accident involving injuries or property damage that looks like it costs more than $1,000. When the police arrive, they will create an official accident report. This report is a vital piece of evidence. Insurance companies are often skeptical of hit-and-run claims because they want to make sure the driver didn’t just hit a pole and make up a story. An official police report proves that an accident involving another vehicle actually took place.
Gathering Evidence Without a License Plate Number
You might feel helpless because you did not get a plate number, but there is still plenty of evidence you can collect at the scene. Start by using your phone to take photos and videos of everything. Capture the damage to your car, any skid marks on the pavement, and the general road conditions. Look for “paint transfer,” which is when the color of the fleeing car rubs off onto your bumper or door. This can help investigators identify the color and type of car that hit you.
Write down every detail you can remember about the other vehicle while it is still fresh in your mind. Even if you didn’t get the plate, did you notice the make or model? Was it a truck or a sedan? Did it have a specific bumper sticker or a cracked windshield? Note which direction the driver was headed when they left.
Next, look for people who might have seen what happened. Witnesses are incredibly helpful in hit-and-run cases. They might have seen a detail you missed because you were focused on the impact. Ask for their names and phone numbers. Additionally, look around for security cameras. Many businesses, gas stations, and even private homes with doorbell cameras record the street. Your lawyer can help you get this footage before it is deleted, which could lead to finding the driver even without a plate number provided at the scene.
The Importance of the Independent Witness for Phantom Vehicles
There is a specific type of hit-and-run called a “phantom vehicle” accident. This happens when a driver causes you to wreck without actually touching your car. For example, if a car swerves into your lane and forces you to drive into a ditch to avoid a head-on collision, that is a phantom vehicle accident.
South Carolina law has a very strict rule for these situations. If there was no physical contact between the two vehicles, you cannot make an insurance claim unless you have an affidavit from an independent witness. This means a person who was not in your car and has no interest in your claim must sign a legal document stating they saw the other driver cause the accident. This rule exists to prevent people from claiming a phantom driver caused them to run off the road when they actually just lost control of their own car. If you are experiencing this type of “no-contact” accident, finding that witness is a top priority.
Understanding Your Rights Through Uninsured Motorist Coverage
Many people do not realize that they already pay for protection against hit-and-run drivers. In South Carolina, every auto insurance policy is required by law to include Uninsured Motorist (UM) coverage. This coverage is designed specifically for cases where the at-fault driver either has no insurance or cannot be identified.
When a driver hits you and disappears, your own insurance company steps into the shoes of the missing driver. Your UM coverage can help pay for:
- Medical expenses, including ER visits, surgery, and physical therapy.
- Lost wages if you have to miss work while you heal.
- Property damage to fix or replace your car.
- Pain and suffering for the physical and emotional stress the crash caused.
It is important to remember that even though this is your own insurance company, they might still try to offer a lowball settlement. They are still a business that wants to save money. Having a lawyer helps make sure they treat you fairly and pay out the full amount you are entitled to under your policy.
Other Ways to Pay for Medical Bills and Repairs
While you are going through the process of a UM claim, you might have other insurance options that provide faster relief. If you choose to add Medical Payments coverage, also known as MedPay, to your policy, it can cover your immediate medical costs. MedPay is great because it pays out regardless of who was at fault for the wreck. It can help cover your health insurance deductibles or co-pays so you aren’t stuck with huge hospital bills while your main case is pending.
If your car is badly damaged, you can also use your Collision coverage. This part of your insurance pays to fix your vehicle, no matter what caused the damage. You will likely have to pay your deductible, but it is often the fastest way to get your car back on the road. If the police eventually find the hit-and-run driver, your insurance company might even be able to get your deductible back from the other driver’s insurance later on.
Legal Repercussions for Drivers Who Leave the Scene
Leaving the scene of an accident is a serious criminal offense in South Carolina. Depending on how bad the crash was, the driver could face misdemeanor or even felony charges. If the driver caused great bodily injury or death and fled, they could face many years in prison.
Beyond the criminal side, you have the right to hold them accountable in civil court if they are ever found. A personal injury lawsuit allows you to seek compensation directly from them or their insurance provider. In hit-and-run cases, a judge or jury might also award “punitive damages.” These are not meant to pay for your bills, but rather to punish the driver for their reckless and illegal behavior. It sends a message that leaving someone injured on the side of the road is unacceptable.
How a Lawyer Helps You Seek Fair Compensation
Experiencing a hit and run is overwhelming, but you do not have to handle the insurance companies and the legal paperwork by yourself. A lawyer can take the lead on the investigation, talking to the police and searching for video footage that you might not be able to get on your own. They can also help you find an independent witness if your accident involved a phantom vehicle.
Hart Law is here to help you get your life back on track. We understand the specific rules in South Carolina and how to make sure your insurance company honors your UM coverage. If you were injured in a hit-and-run crash and don’t know where to turn, call us at (803) 771-7701 for a free consultation. We work on a contingency fee basis, which means we only get paid if we win money for you. You have enough to worry about with your recovery; let us handle the legal fight for you.