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If you’re hit by an uninsured driver in Columbia, the driver may face fines, driver’s license suspension, and jail time. Car accident fault laws still apply, but the uninsured driver won’t have insurance to pay compensation. South Carolina requires drivers to carry minimum uninsured motorist coverage, so your own insurance may provide compensation.
Our Columbia car accident lawyers explain what happens if you are hit by an uninsured driver in Columbia, SC.
Are Uninsured Drivers Common in South Carolina?
All 50 states have some kind of car insurance or motor vehicle responsibility mandate. But approximately 10.3% of South Carolina drivers on the road operate without car insurance. With 4.5 million registered vehicles in South Carolina, that means nearly half a million uninsured vehicles on the road.
Uninsured drivers are a common problem in South Carolina.
Your Legal Options After Being Hit by an Uninsured Driver
If you’re hit by an uninsured driver, you may have several options to recover monetary compensation:
Uninsured motorist coverage
South Carolina requires drivers to carry uninsured motorist coverage. If you’re hit by an uninsured driver, this coverage kicks in. For UM coverage, you should have at least $25,000 per person bodily injury, $50,000 total bodily injury per accident, and $25,000 for personal property damage. You may have selected higher amounts.
The type of coverage that you elect and policy limits determine what compensation you receive.
It may be important to prove fault. You must evaluate and document your damages to maximize your claim.
Note: Another type of insurance to investigate is collision coverage. It may apply if you’re at fault for the accident. Collision coverage is not mandatory in South Carolina, so check if you have this type of insurance.
Lawsuit for direct compensation
The party without insurance may be directly responsible for paying. In Columbia and throughout South Carolina, fault laws apply to car accidents. Of course, if the driver doesn’t have insurance, there’s a good chance that they don’t have assets to pay compensation. But one of your legal options is a lawsuit for damages compensation. You may investigate their assets and ability to pay.
Third-party liability
There may be a third party other than the driver at fault for an accident. For example, a vehicle defect or deteriorated road may have contributed to the crash. A legal option is to file a claim for compensation against this party. Comparative fault laws apply in Columbia.
How Uninsured Motorist Coverage Works in South Carolina
South Carolina requires all vehicles on the road to have an accident insurance policy. The required insurance covers a situation where the driver is at fault and others have damages. In addition, South Carolina requires all drivers to carry uninsured motorist insurance. This insurance pays directly if the driver who is at fault doesn’t have at least the minimum insurance that they’re supposed to have.
If an accident occurs, the accident report documents that the driver didn’t have insurance. You report the accident to your own insurance and ask for compensation. In addition, there may be other ways to receive compensation for the accident.
Note: This is how uninsured motorist coverage works in Columbia, SC. Not all states require drivers to carry uninsured motorist insurance.
In addition, some states use a no-fault system to apportion liability and provide compensation for car accidents.
Driving without car insurance in Columbia, SC
It is a misdemeanor offense to drive without motor vehicle insurance in South Carolina. Even a first offense comes with a possibility of a 30-day jail sentence. A third or subsequent offense may be punished by up to six months in jail.
In addition, the offender faces fines and license suspension. The penalty is more severe if it’s your own vehicle than if you’re driving someone else’s vehicle.
Can You Sue the Uninsured Driver Directly?
You can sue an uninsured driver directly. Car insurance protects against liability and helps car accident victims get paid. However, it doesn’t change that a driver is liable for their actions. The standard is negligence or more serious misconduct.
Even though you can sue the driver directly when you’re hit by an uninsured driver, practically, it may be difficult to collect your compensation. A lawyer can help you evaluate your options for your situation.
Steps to Take Immediately After the Crash
When you’re in a crash with an uninsured driver, stop your vehicle. Remain calm. Be aware of your safety. Call the police. If anyone is injured, call emergency responders.
Get the driver’s contact information and vehicle registration. Document the accident scene like you would for any other accident, with photographs and video, and get names and contact info for witnesses.
Report the accident to your insurance. Investigate, document and submit information about compensation. You may have help from a lawyer to investigate damages, insurance coverage, and negotiate your compensation.
Contact an Experienced Columbia Car Accident Lawyer
If you have been hit by an uninsured driver in Columbia, SC, you need to know what happens next. We invite you to contact Shealey Law Firm to talk to an experienced Columbia car accident lawyer. Contact us now.