In South Carolina, drivers are financially responsible for crashes they cause. But what happens if an at-fault driver doesn’t have insurance? They could face criminal penalties for driving without insurance, and crash victims might need to rely on uninsured motorist (UM) coverage for compensation.
If the at-fault driver doesn’t have any insurance, you may still be able to file a claim with your own insurance company. It will depend on whether your insurer pays your uninsured motorist (UM) claim. This insurance can cover your losses – up to your policy’s limits – if the driver who hit you has no insurance, or if the driver fled the scene and cannot be identified, known as a hit-and-run crash.
At McKinney, Tucker & Lemel LLC, we understand how stressful it is to get hurt in an accident – especially when the other driver doesn’t have the proper insurance to cover your losses. If you’re struggling to make ends meet after a crash with an uninsured motorist, we can help you pursue the money you need for your medical expenses, lost wages, and more.
Contact us today for a consultation to learn how our lawyers can help you after an uninsured driver accident in South Carolina.
Take These Steps If Your Crash Involved an Uninsured Driver
A crash with an uninsured driver in South Carolina requires you to take prompt action.
In the immediate aftermath, you should do your best to take these steps:
- Collect information – Even if the other driver lacks insurance, you should still collect as much information as you can from the driver. Key information includes the driver’s name, contact information and driver’s license number. Also, you should take pictures of the accident scene, including damage to any vehicles, the position of the vehicles in relation to each other and any other pertinent details.
- Report the accident – Under South Carolina law, all drivers must report any accident that results in injury, death or property damage. So, call the police – even if the other driver tries to persuade you not to call. It is illegal to drive without carrying proper insurance. So, the police should be notified. The police will also file a crash report. This report will help you with your insurance claim.
- Get medical attention – You should always seek medical attention after an accident – even if you don’t think you are badly injured. Some injuries such as concussions don’t always present symptoms right away. Seeing a doctor will also document your injuries with medical reports.
- Call an attorney – You may need to go through your own insurance company to claim compensation. Still, you will be dealing with an insurance company – one that is in the business of making big profits – not paying out large settlements. If your injuries are serious, an attorney can advise you on dealing with the insurance company and make sure that your rights are fully protected.
- Report it to your insurance company – You will have to call your insurance company to report the accident. When the other driver is not insured, you should let the insurer know. Failing to contact your insurance company within a certain amount of time may bar you from receiving any compensation. So, you should check your insurance policy to determine how much time you will have to start the claims process.
When you deal with your insurance company, you should understand what type of compensation you may be entitled to receive. An attorney can help you to evaluate your claim and asses the amount of damages potentially available to you.
What Are Some Uninsured/Underinsured Motorist Statistics?
A study by the Insurance Research Council (IRC) indicates that as many as 13 percent of U.S. motorists were uninsured in one recent year. That means about one in eight drivers hit the road daily without mandatory car insurance coverage.
Frustratingly, insured drivers end up paying close to $13 billion every year in preventable costs due to uninsured drivers. On a state-by-state level, South Carolina ranks 29th for the most uninsured motorists on the road.
What Auto Liability Insurance Is Required in South Carolina?
In South Carolina, drivers must carry two key types of liability insurance coverage:
- Bodily injury liability – When the insured driver causes an accident that injures someone else, bodily injury liability coverage pays for their medical costs. South Carolina law requires at least $25,000 per person and $50,000 per accident in bodily injury liability insurance.
- Property damage liability – Similarly, property damage liability insurance covers drivers when they damage someone else’s vehicle or other physical property in an accident. The minimum property damage liability coverage in South Carolina is $25,000 per accident.
If drivers choose not to carry liability insurance, they must register with the state as uninsured drivers and pay a $550 annual fee. They could also be personally responsible for others’ losses in the event of an accident. That means crash victims could sue for compensation, leaving the uninsured driver stuck paying out of pocket.
What Are the Penalties for Driving Without Auto Liability Insurance in South Carolina?
Operating a motor vehicle without valid liability insurance or registering as an uninsured motorist is illegal in South Carolina.
South Carolina state law says uninsured driving is a misdemeanor offense, punishable by:
- A $550 uninsured motorist fee
- A fine of up to $200
- Up to 30 days in jail
The state can also confiscate your vehicle registration and license plates. For each day you go without coverage, you could face a $5 surcharge – for a total penalty of up to $200. Reinstating your driving privileges can also cost up to $200.
Subsequent offenses can cost you even more money and land you in jail for even longer.
What Damages Will an Uninsured Motorist Policy Cover?
Under South Carolina law, drivers must carry liability insurance which pays for the bodily injury or property damage which they cause others to suffer in an accident. The law also requires drivers to carry uninsured motorist (UM) coverage that has the same minimum limits as your liability coverage.
In our state, those minimum limits must be at least:
- $25,000 for bodily injury (per person)
- $50,000 for bodily injury (per accident)
- $25,000 for property damage (per accident).
Of course, you can also buy liability and UM in higher amounts. In fact, you will give yourself better protection if you do. However, those are the minimum limits.
Additionally, when you buy auto insurance, the insurer must offer you underinsured motorist (UIM) coverage, and you can elect to accept or reject it. This insurance applies if the at-fault driver’s liability insurance fails to pay for all of your losses. It will cover the difference between what the other driver’s insurance covers and the total amount of your losses – up to your policy’s limits.
When you file a UM or UIM claim with your insurer, it can cover damages such as:
- Medical expenses (past and future)
- Lost wages (and reduced future earning capacity)
- Pain and suffering
- Emotional distress
These are just the most common damages which people claim in personal injury cases. An attorney from McKinney, Tucker & Lemel, LLC, can provide you with a full assessment of your losses, which may include additional damages.
How Do I Prove Fault in a South Carolina Car Accident?
To prove that the other driver was at fault for causing the accident, you can use evidence like the following:
- Police reports
- Medical records
- Photographs
- Video footage
- Eyewitness statements
- Expert witness testimony
Does the Other Driver’s Insurance Still Cover Me If I Was Partly At Fault?
South Carolina follows a modified comparative negligence doctrine regarding personal injury lawsuits. That means the courts can reduce your compensation for a car accident claim based on the percentage of fault you bear for causing the accident. And if you are 51 percent or more at fault, the law bars you from seeking compensation altogether. The best way to protect yourself against accusations of fault and avoid losing money for your claim is to work with a knowledgeable car accident lawyer.
Is Uninsured/Underinsured Motorist Coverage Mandatory in South Carolina?
Uninsured motorist (UM) coverage is mandatory in South Carolina. This coverage protects you in collisions with uninsured drivers, including hit-and-run drivers. State law requires you to carry UM coverage equal to the minimum liability coverage for bodily injury and property damage. That means $25,000 per person and $50,000 per accident in bodily injury and $25,000 in property damage coverage.
Underinsured motorist (UIM) coverage is different. It protects you if you are in an accident with a driver who has some insurance but not enough to cover your losses. Auto insurance companies are required to offer you UIM coverage in South Carolina. However, you do not have to purchase it.
What If I Don’t Have UM/UIM Insurance?
If you do not have UM or UIM coverage after an accident with a careless driver, you may still have options for recovering compensation. You could file a personal injury lawsuit seeking compensation from the at-fault motorist. You could also file a claim with your insurance company if you have medical payments (MedPay), personal injury protection (PIP), collision, or comprehensive coverage. For a detailed breakdown of your legal options after an accident, consult an experienced South Carolina car accident attorney.
How Can a Rock Hill Car Accident Law Firm Help You?
After a crash with an uninsured driver, many people think they can file a claim with their insurance company on their own. However, in order to fully protect yourself, you should work with an attorney. The attorney will have the education, training and legal skill that it takes to protect your rights and pursue all compensation that you are entitled to receive.
For instance, at McKinney, Tucker & Lemel, LLC, we will:
- Thoroughly document all losses you have suffered
- Work with highly knowledgeable professionals that can help us to understand and substantiate your claims of serious injury
- Negotiate aggressively with the insurance company
- Present your case at trial, if necessary.
These are just a few of the ways an attorney from our law firm can help with your claim. The bottom line is that we will take on all the legwork of your claim so you can focus on your health.
Contact a South Carolina Car Accident Lawyer
If you got hurt in a collision and feel confused by South Carolina’s uninsured motorist laws, let a skilled car accident attorney at McKinney, Tucker & Lemel LLC take the pressure off you. We’re ready to work hard to pursue the recovery you deserve. Contact our office today to arrange your confidential legal consultation.
