Getting into a car accident is already stressful. But when you discover the other driver doesn’t have insurance, that stress can turn into panic. You’re hurt, your car is damaged, and you’re wondering how you’ll pay for any of it.
Unfortunately, this situation happens more often than you might think. About 1 in every 10 drivers on South Carolina roads is uninsured, according to the Insurance Information Institute. That means even though state law requires everyone to have auto insurance, thousands of drivers ignore this rule every day.
If an uninsured driver hits you, you still have options. Understanding what to do right after the accident and knowing what coverage you have can make a big difference in getting the compensation you deserve.
What South Carolina Law Says About Car Insurance
Every driver in South Carolina must carry liability insurance. The law sets minimum coverage amounts that drivers need to have:
- $25,000 for injuries to one person
- $50,000 for total injuries in one accident
- $25,000 for property damage
These minimums protect other people if you cause an accident. But what protects you when someone without insurance hits you?
That’s where uninsured motorist coverage comes in. Insurance companies in South Carolina must offer you this type of coverage. They have to offer you limits that match your regular liability coverage. You can turn it down, but you have to do so in writing.
Many people skip this coverage to save money on their premiums. But if an uninsured driver hits you and you don’t have it, you could be stuck paying for everything yourself.
South Carolina also requires insurers to offer underinsured motorist coverage. This helps when the other driver has some insurance, but not enough to cover all your damages. Like uninsured motorist coverage, you can reject it in writing, but having it can save you from major financial problems later.
What To Do Right After the Accident
The steps you take immediately after a crash can affect your ability to get compensation later. Here’s what you need to do:
Call 911 and Get a Police Report
Always call the police after an accident, even if it seems minor. South Carolina law requires you to report any crash that causes injury, death, or property damage. Don’t let the other driver talk you into skipping this step.
When officers arrive, tell them exactly what happened. Be honest and stick to the facts. The police will create an official accident report. You’ll need this report when you file a claim with your insurance company. Ask how to get a copy before you leave the scene.
Document Everything You Can
If you’re able to do so safely, take photos of:
- Damage to all vehicles involved
- Your visible injuries
- The accident location, including street signs and traffic signals
- Skid marks on the road
- Debris from the crash
- License plates
Get the other driver’s information, including their name, phone number, address, and driver’s license number. Even if they claim to have insurance, get their insurance company name and policy number. Many times, drivers think they have coverage when they actually don’t.
If anyone saw the accident, get their names and contact information. Their statements could help prove what happened if the other driver tries to lie about the crash later.
See a Doctor as Soon as Possible
Go to the emergency room or your doctor right away, even if you feel okay. Some injuries don’t show symptoms immediately. Waiting days or weeks to get checked out can hurt your health and your claim.
Insurance companies often argue that delayed medical treatment means you weren’t really hurt. Following your doctor’s treatment plan closely also matters. Missing appointments or ignoring medical advice gives insurance companies ammunition to deny or reduce your claim.
Keep all your medical records, bills, and receipts. You’ll need them to prove your damages.
Tell Your Insurance Company About the Accident
Contact your insurance company as soon as you can to report the accident. Let them know you were hit by someone who appears to be uninsured. Give them a copy of the police report and any photos or other documentation you collected.
Be honest about what happened, but stick to basic facts. Insurance adjusters may try to get you to say things they can use against you later. Don’t guess about details you’re not sure about. And don’t give a recorded statement until you’ve talked to a lawyer first.
Your insurance company should handle your claim fairly since you’re their customer. But the reality is that they often look for ways to pay less than you deserve. They might argue you were partly at fault or that your injuries aren’t as bad as you say.
Talk to a Lawyer Before Doing Anything Else
Uninsured motorist claims can get complicated fast. There are legal deadlines to meet, insurance company tactics to watch out for, and decisions that could affect how much compensation you receive.
Getting legal advice early can help you avoid mistakes that could cost you thousands of dollars. A lawyer who handles these cases regularly knows what insurance companies try to pull and how to fight back. Most personal injury lawyers offer free consultations, so you have nothing to lose by getting professional guidance.
How Uninsured Motorist Coverage Works
When an uninsured driver causes an accident, your own uninsured motorist coverage steps in to take the place of the insurance the other driver should have had. Instead of filing a claim against the at-fault driver’s insurance company, you file a claim with your own insurer.
Your uninsured motorist policy can cover:
- Medical bills and hospital expenses
- Lost wages from missing work
- Pain and suffering
- Vehicle damage
- Other accident-related losses
The coverage pays up to your policy limits. If you have $50,000 in uninsured motorist coverage, that’s the maximum your insurance company will pay for your injuries, even if your actual damages are higher.
One important thing to understand is that you’re filing a claim against your own insurance company. You might think they’ll treat you fairly because you’re their customer and you’ve been paying premiums. But insurance companies are businesses focused on profits. They often use the same tactics to reduce payouts whether they’re dealing with their own customers or not.
They might claim you were partially responsible for the accident. South Carolina follows a modified comparative negligence rule. If you’re more than 50% at fault, you get nothing. If you’re 30% at fault, your compensation gets reduced by 30%. Insurance companies know this and will try to shift blame to you whenever possible.
They might also argue your injuries aren’t as serious as you claim. They may say your medical treatment was unnecessary or that you had pre-existing conditions causing your problems. Having a lawyer who can counter these arguments makes a big difference.
Understanding Underinsured Motorist Coverage
Sometimes the other driver has insurance, but not enough to cover all your damages. Let’s say they only carry the state minimum of $25,000 per person, but your medical bills alone are $60,000. That’s where underinsured motorist coverage helps.
This coverage kicks in after the at-fault driver’s insurance pays their policy limits. If they pay $25,000 and you have $100,000 in underinsured motorist coverage, your policy could pay up to $75,000 more.
Like uninsured motorist coverage, this protection is optional in South Carolina. You have to buy it as part of your auto insurance policy. Many people don’t have it because they don’t understand how it works or they want to save money on premiums.
Given how many drivers only carry minimum coverage, underinsured motorist protection can be just as important as uninsured motorist coverage. A serious accident can easily result in damages that exceed state minimums, leaving you with massive bills if you don’t have this coverage.
Other Ways To Get Compensation
While uninsured motorist coverage is usually the main way to recover damages after being hit by an uninsured driver, you might have other options:
Your Own Auto Insurance Policies
Check what other coverage you have on your auto insurance policy:
- Collision coverage pays for vehicle damage regardless of who caused the accident. If you have this coverage, it can help fix or replace your car even if the other driver has no insurance. You’ll pay your deductible, but then your insurance covers the rest up to your policy limits.
- Medical payments coverage, often called MedPay, pays for medical expenses after an accident no matter who was at fault. This coverage usually has lower limits than uninsured motorist coverage, but it can help pay bills while you’re working on your larger claim.
Suing the Uninsured Driver Directly
You can file a personal injury lawsuit against the at-fault driver even if they don’t have insurance. If you win, the court can order them to pay damages.
The problem is collecting that money. People who don’t have car insurance often don’t have much money or assets. Getting a judgment is one thing. Actually receiving payment is another. The driver might not have a job, own property, or have any way to pay you.
In some cases, it’s still worth pursuing. The driver might get insurance or come into money later. The court can order wage garnishment if they’re employed. But this option usually takes a long time and may not result in full compensation.
Claims Against Third Parties
Sometimes other people or companies besides the uninsured driver share responsibility for the accident. Your lawyer can investigate whether you have claims against:
- The at-fault driver’s employer, if they were working when the crash happened
- A bar or restaurant that overserved alcohol to a drunk driver
- A vehicle manufacturer if a defective part contributed to the accident
- A government agency responsible for dangerous road conditions
- A repair shop that did faulty work on one of the vehicles
These third-party claims can provide additional compensation when the uninsured driver can’t pay. They require detailed investigation and strong evidence, which is why having an experienced lawyer matters.
Common Questions About Uninsured Driver Accidents
What if the driver who hit me fled the scene?
Hit-and-run accidents are treated like uninsured motorist cases. Your uninsured motorist coverage should still apply even if you never identify the other driver. You’ll need to report the accident to police and provide as much information as you can about the other vehicle.
How long do I have to file a claim?
South Carolina gives you three years from the date of the accident to file a personal injury lawsuit. But you should start your insurance claim much sooner. Your insurance policy probably requires you to report accidents within a certain time frame, often within 30 days or as soon as reasonably possible.
Will my insurance rates go up if I file an uninsured motorist claim?
Filing an uninsured motorist claim shouldn’t increase your rates since you weren’t at fault. However, insurance companies have been known to raise rates anyway or use accidents as an excuse to do so. This is another reason to work with a lawyer who can help protect your rights.
What if I don’t have uninsured motorist coverage?
If you don’t have this coverage and an uninsured driver hits you, your options are limited. You can try to sue the at-fault driver directly, but as mentioned earlier, collecting money from someone without insurance is often impossible. You might be able to use collision coverage or MedPay if you have them. Otherwise, you could be responsible for paying your own medical bills and vehicle repairs.
Can I still recover damages if I was partially at fault?
Yes, as long as you weren’t more than 50% responsible. South Carolina’s comparative negligence rule lets you recover damages reduced by your percentage of fault. If you were 20% at fault for a crash that caused $100,000 in damages, you could still receive $80,000.
Why Legal Help Makes a Difference
Insurance companies have teams of lawyers and adjusters working to pay as little as possible on claims. They know most people don’t understand insurance law or their policy details. They use this knowledge advantage to convince accident victims to accept settlements that are far less than their claims are worth.
A lawyer who handles uninsured motorist cases regularly understands the tactics insurance companies use. They know what your claim is really worth based on your medical bills, lost income, pain and suffering, and future expenses. They can gather evidence to prove fault, document your damages thoroughly, and negotiate aggressively with the insurance company.
If the insurance company won’t offer fair compensation, your lawyer can file a lawsuit and take the case to court. Most insurance companies will offer better settlements when they know you have a lawyer ready to fight for you in front of a jury.
Many accident victims worry about the cost of hiring a lawyer. Most personal injury lawyers work on contingency fees. This means they don’t get paid unless you win your case. The fee comes out of your settlement or court award, so you don’t pay anything upfront. You have experienced legal representation without any financial risk.
Get Help With Your Uninsured Motorist Claim
Being hit by an uninsured driver can feel overwhelming. You’re dealing with injuries, missing work, and facing medical bills while the person who caused all this damage has no way to pay for it. But you have more options than you might realize.
Understanding your insurance coverage, taking the right steps after the accident, and getting legal help early can make a major difference in the compensation you receive. Don’t let an insurance company take advantage of you during this difficult time.
If an uninsured or underinsured driver hit you anywhere in South Carolina, the legal team at Hart Law is here to help. We’ve helped many clients recover fair compensation after accidents with uninsured drivers. We know how to handle these complex claims and fight for the money you deserve.
Call us today at (803) 771-7701 for a free consultation. We’ll review your case, explain your options, and answer all your questions. There’s no obligation and no cost unless we win your case. Let us handle the insurance company while you focus on recovering from your injuries.