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Shealey Law Firm explains your options if you’re in a car accident with an uninsured driver in Columbia, SC.
Car Accident With an Uninsured Motorist: Your Options
If you’re in a car accident with an uninsured driver, here are your options:
Sue the driver. You can sue the driver directly for compensation. Usually, this isn’t a great option because most people without insurance don’t have many assets either.
Sue other responsible parties. An investigation may reveal that someone else is liable. A common scenario is when commercial activity is involved, like trucking and transportation companies.
Uninsured Motorist Policy. You may collect compensation from your own uninsured motorist policy.
Collect from MedPay and Collision. You may look to your own MedPay for medical bills and collision coverage for vehicle damage. These coverages aren’t mandatory in South Carolina, but they can help if you have them and you’re in a car accident with an uninsured driver.
What Is Uninsured Motorist (UM) Coverage and Is It Required in SC?
Uninsured motorist (UM) coverage is insurance that pays compensation if you’re hit by a driver who doesn’t have insurance. UM coverage pays what you should have been able to recover from the driver at fault.
Is it required?
Yes. UM coverage is required in SC. It’s required in addition to liability insurance.
You must have UM coverage of at least the minimum amounts of liability coverage ($25,000 injury per person, $50,000 injury per accident, and $25,000 property damage). The insurer must offer UM insurance up to the limits of the insured’s liability coverage. The deductible is usually $200. (S.C. Code § 38-77-150, § 38-77-160).
How South Carolina’s UM Laws Differ from Other States
UM laws differ by state. For example, slightly less than half of U.S. states require drivers to purchase UM insurance. Coverage varies, too, specifically whether property damage is covered. In some states, your collision coverage will apply instead. There are procedural differences, too.
Insurance stacking in UM claims
Another difference is how policy stacking works. Insurance policy stacking allows the insurer to combine coverage from multiple policies to reach their damage limit.
South Carolina law allows UM claim stacking, unless a law or the policy prohibits it. Continental Ins. Co. v. Shives, 328 S.C. 470 (1997). Insurance stacking for UM cases is regulated by S.C. Code § 38-77-160 and limited to Class I insureds. (Auto Owners Ins. Co. v. Horne, Op. 3674 (2003)).
What Happens When You File a UM Claim in South Carolina?
When you file an UM claim in South Carolina, you’re seeking compensation from your own insurer. The insurance company will review your claim and determine what they will pay. If you disagree, you may file a legal claim in court.
A South Carolina uninsured motorist claim is essentially a contract dispute. You prove that you have the right to compensation from your uninsured policy and that the insurance company hasn’t paid what you deserve.
You may have an attorney represent you in an uninsured motorist claim.
SC’s Contact Rule for Hit and Run Claims (The Rule Most Victims Don’t Know)
Hit-and-run accidents are mostly treated as uninsured motorist accidents. You can get uninsured motorist compensation for a hit-and-run accident, but you must fulfill the requirements of S.C. Code § 38-77-170. The law requires the person seeking compensation to report the accident and prove that it caused their losses.
They may prove the hit-and-run with one of the following:
- Damage. Proof that injury or damage resulted from physical contact with the unknown vehicle.
- Witness affidavit. A third-party witness, not the owner or the operator, signs an affidavit that the hit-and-run occurred.
- Video. A recording of the accident shows that the unknown vehicle caused the accident.
The victim may not have been negligent in failing to identify the fleeing vehicle.
Most victims don’t know this rule. It’s important to do everything you can to document the accident, including identifying witnesses and searching for surveillance cameras. Having an attorney early in the process can help you build your case.
Can You Sue an Uninsured Driver Directly in South Carolina?
Yes, you can sue an uninsured driver directly in South Carolina. The claim is a tort claim, usually for negligence. However, uninsured drivers often don’t have assets. A lawyer can help you determine the best course of action.
How Underinsured Motorist Coverage (UIM) Works Differently
Underinsured motorist coverage is for when the at-fault driver has insurance, but not enough to cover all damages. In South Carolina, underinsured motorist pleadings must be served on the insurer holding the underinsured policy. The insurer may appear and defend in the name of the underinsured motorist. In South Carolina, insurers may not require consent from the at-fault party before settling.
How a Columbia Car Accident Lawyer Can Maximize Your UM Claim
Shealey Law Firm helps clients maximize their UM claims. We document the facts, investigate legal options, and represent you in your claim. If you have been in a car accident with an uninsured driver in Columbia, contact us now.