All drivers in South Carolina must have minimum mandatory liability coverage. Unfortunately, many people violate this regulation. The Insurance Information Institute (III) reports that around 12.3 percent of drivers in South Carolina are uninsured. For reference, the state has nearly 4 million licensed drivers (Federal Highway Administration). That means that there are as many as 500,000 uninsured motorists in South Carolina. Dealing with the aftermath of a collision with an uninsured motorist can be especially difficult. You need to know what to do to protect your rights and your interests. In this article, our Columbia auto accident attorney provides a guide for what to do if you were involved in a crash with an uninsured driver in South Carolina.
The Steps to Take After a Crash With an Uninsured Driver in South Carolina
Step #1: Stop Your Vehicle and Report Your Crash to Police
Under South Carolina law, all drivers involved in a motor vehicle collision have to stop their vehicle, exchange information and remain at the scene unless there is a medical emergency. You should contact local or state law enforcement as soon as possible. It is important to provide general details to the responding officer(s). You should give accurate information about what happened. Make sure that the police are aware that the other driver has not presented valid insurance.
Step #2: Document Everything at the Scene of the Crash
Documentation is key to protecting your rights after a crash. It is especially vital after a collision with an uninsured driver. You should try to take clear photos that show vehicle damage and the location of the crash. You should also capture street signs and any skid marks. If any person saw what happened, try to gather their name and contact information. Finally, collect details from another driver (s) if they are involved. You need their name, address, phone number, and vehicle details.
Step #3: Seek Immediate Medical Care for Any Injuries
All car accident injuries require professional medical care. Do not wait to take action when your health is at stake: Seek immediate medical care for injuries. Many common auto accident injuries arise with a delayed onset. You should pay attention to the pain or discomfort you might feel. You should also be sure to follow any treatment plans the doctor prescribes. During the process, it is important to document your medical visits and keep records of all bills.
Step #4: Notify Your Insurance Provider of the Crash
Even if the other driver did not have adequate liability coverage, it is still crucial that you notify your own insurance company about what happened. Indeed, you should quickly contact your insurance company to notify them of the incident. You are not required to give a full statement at this time, but you should provide basic facts—including letting them know the crash involved an uninsured driver.
Three Options for Compensation (Uninsured Motorist Claims)
Getting full and fair financial compensation after a serious crash can be challenging—particularly so if the other driver lacked the proper liability coverage. Injured victims in Columbia and elsewhere in South Carolina must know their options. Here are three options to seek financial compensation after a crash with an uninsured motorist:
- Hold Driver Personally Liable (Unlikely): Technically speaking, an uninsured driver can be held personally liable for a motor vehicle collision in South Carolina. However, in practice, it is very difficult to get compensation directly from an uninsured driver after a bad crash. While there are some exceptions, most uninsured drivers simply lack the assets to allow for any significant financial recovery. Still, this option is worth exploring. An experienced South Carolina uninsured motorist attorney can help.
- Bring a Claim Through Your UM/UIM Policy: One of the best options is to use your own uninsured or underinsured motorist coverage—assuming you have the type of insurance coverage. UM/UIM coverage is part of many auto insurance policies. It can help pay for your losses after a crash with an uninsured driver. You need to notify your insurance company as soon as possible. Provide them with details about the collision. Ask about the steps needed for filing a UM or UIM claim. These claims can be complicated. A top-tier Columbia, SC uninsured motorist lawyer can help you bring a claim to get the maximum recovery.
- Identify a Third Party that Bears Fault: Finally, in some cases, another party other than the uninsured driver may also share responsibility for the crash. That party could be a mechanic who performed faulty repairs. Alternatively, it could also be a government agency that neglected roadway maintenance. You and your lawyer should investigate all potential causes. If a third party is partially liable you can pursue compensation from them. It could be the best available option to maximize your compensation after a crash.
Why Rely On Our South Carolina Uninsured Motorist Attorney
Uninsured motorist claims can be especially challenging to navigate after a serious crash. You must have a top-tier attorney on your side. Christopher R. Hart has leadership in law and a history of client testimonials that injured victims can trust when it matters most. You cannot rely on any insurance company to look out for your best interests after a serious crash. Our Columbia, SC uninsured motorist lawyer will review your case for free with no obligations. It is our mission to help you secure the maximum settlement or verdict.
Contact Our Columbia, SC Uninsured Motorist Attorney for a Free Case Review
At Hart Law, our Columbia car accident lawyer has the skills, knowledge, and experience to take on all types of uninsured motorist cases. We will explore every option to help you recover the absolute maximum available compensation. If you or your loved one was involved in a crash with an uninsured motorist, please do not hesitate to contact us today for a free case review. With an office in Columbia, we handle uninsured driver accident injury claims throughout all of South Carolina.