Uninsured Motorist Accident Attorneys in Columbia, SC

Despite the fact that South Carolina requires all drivers to carry liability insurance, as many as ten percent of all drivers on the road ignore this requirement and drive without insurance. What happens if you are hit by an uninsured driver? Fortunately, if you have liability insurance, then you are also protected against uninsured motorists. However, you must still file a claim with the insurance company in order to collect, and insurers are not always quick to hand over the full amount of your claim. The auto accident attorneys at Peake & Fowler can help you recover all the compensation that is due to you when you are struck and injured by an uninsured driver.

South Carolina Uninsured Motorist Law

Under South Carolina law, every auto liability insurance policy also comes with uninsured motorist (UM) coverage. If you are hit by an uninsured motorist, you can make a claim for damages to your insurance carrier under the UM provisions of your policy. You can also make a UM claim when you are injured in a hit and run and cannot identify the car or driver that struck you. South Carolina also has a unique law that allows certain drivers to forgo liability insurance, so long as they register as uninsured motorists and pay $550 into an uninsured drivers fund. Because of this law, even more people may be driving without liability insurance.

It is important to understand that even though you are making a UM claim to “your” insurance company, your interests and their interests are not the same. Insurance adjustors and insurance company lawyers work for the insurer, and they will try to minimize their liability and exposure as much as possible. This means the insurance company may not value your claim fully and offer the full amount they should. The attorneys at Peake & Fowler can represent you in your UM claim. We will make sure you receive a fair settlement or take the insurance company to court if necessary.

Underinsured Motorist Coverage Makes Up for Low Mandatory Minimums

Insurance companies are also required to offer Underinsured Motorist (UIM) coverage, but it is not automatically included. You can use your UIM coverage when the other driver only had minimal coverage that does not cover all of your expenses. Adding UIM to your policy is relatively inexpensive, so it is a good idea to be well-insured with UIM in the event you are hit by a driver who is only carrying the minimum liability insurance required by law.

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What Does it Mean to Be an Uninsured Motorist?

An uninsured motorist is someone who does not have any auto insurance coverage or whose insurance is insufficient to cover the damages caused in an accident. In South Carolina, drivers are legally required to carry minimum insurance coverage to protect themselves and others on the road. This includes liability coverage for bodily injury and property damage. However, there are still many drivers who fail to meet these requirements.

An underinsured motorist, on the other hand, has insurance but not enough to cover the full extent of the damages they cause. Both situations can create serious problems for drivers involved in accidents. If you’re hit by an uninsured motorist in South Carolina, it can be difficult to get compensation for your injuries or vehicle repairs, especially if the at-fault driver does not have the financial means to pay for the damages.

South Carolina’s Minimum Insurance Requirements

South Carolina law mandates that all drivers have certain minimum amounts of insurance to operate a vehicle on public roads. These requirements are designed to protect all parties involved in the event of an accident. The basic requirements for liability insurance include:

• Bodily Injury Liability: This coverage pays for medical expenses and other costs if you injure someone in an accident.
• Property Damage Liability: This covers the cost of repairs or replacement for another person’s property if you are responsible for an accident.
• Uninsured Motorist Coverage (UM): This optional coverage helps protect you if you’re involved in an accident with a driver who does not have insurance.

While uninsured motorist coverage is not mandatory in South Carolina, it is highly recommended. Without this protection, you could be left paying for your own damages if an uninsured driver causes the accident.

The Risks of Driving Without Insurance in South Carolina

If you are driving without insurance in South Carolina, you’re taking on significant risks. Not only do you face the possibility of legal consequences, but you also leave yourself vulnerable to financial hardship in the event of an accident. Here are some of the risks you face:

• Fines and Penalties: Driving without insurance is illegal in South Carolina, and if you’re caught, you could face fines ranging from $100 to $500. In some cases, your driver’s license could be suspended, and you may be required to pay higher insurance premiums in the future.
• Financial Liability: If you cause an accident and don’t have insurance, you are personally responsible for covering all costs, including medical expenses and property damage. This can quickly add up, especially in severe accidents.
• Difficulty Recovering Damages: Even if you’re not at fault, being involved in an accident with an uninsured motorist can make it much harder to recover damages for your injuries or vehicle repairs.

The financial burden of an accident can be overwhelming, especially when you’re dealing with an uninsured driver who may not have the resources to pay for the damages. It’s crucial to have the right insurance coverage to avoid these risks.

What Happens in an Accident with an Uninsured Motorist?

If you’re in an accident with an uninsured motorist in South Carolina, the situation can become more complicated than usual. Here are the key steps to follow if you find yourself in this scenario:

1. Ensure Safety and Call the Police: Immediately after an accident, make sure everyone is safe and call the police. A police report is essential for documenting the incident, especially when dealing with an uninsured driver.
2. Exchange Information: Get the other driver’s contact details, including their name, address, and phone number. If they don’t have insurance, this information will be crucial for filing a claim or pursuing legal action.
3. File an Insurance Claim: If you have uninsured motorist coverage, file a claim with your own insurance company. This will help cover the costs of medical expenses, car repairs, and other damages. If the other driver is at fault, your insurer may try to recover these costs from the uninsured driver, but this is not guaranteed.
4. Consider Legal Action: If the uninsured driver is at fault, and you cannot recover enough through your insurance, you may need to pursue legal action. A personal injury lawsuit could be an option to recover damages from the at-fault driver, but this depends on their financial ability to pay.

How to Protect Yourself as a Driver in South Carolina

To avoid the complexities of dealing with an uninsured motorist, it’s essential to protect yourself with the right insurance coverage. Here are some steps to ensure you’re adequately covered:

• Uninsured Motorist Coverage: This coverage is designed specifically to protect you if you’re involved in an accident with an uninsured driver. It’s highly recommended that all drivers in South Carolina carry this coverage.
• Underinsured Motorist Coverage: This provides protection if the at-fault driver has insurance, but not enough to cover your damages. It can be beneficial to add this option to your policy as well.
• Full Coverage Insurance: If possible, opt for full coverage insurance, which includes comprehensive and collision coverage. This can help pay for repairs to your vehicle in the event of an accident, regardless of fault.
• Review Your Policy: Regularly review your insurance policy to ensure it provides adequate protection, including uninsured and underinsured motorist coverage.

While the state minimum insurance requirements may seem sufficient, these basic levels of coverage may not be enough to protect you in the event of an accident. Investing in additional coverage can offer peace of mind and financial security.

Legal Options for Recovering Damages

If you are involved in an accident with an uninsured motorist and cannot recover enough damages through your insurance, there are legal options available for motorists in South Carolina. However, pursuing a legal claim against an uninsured driver can be challenging, as many uninsured drivers do not have the financial means to pay for damages.

Here are some possible avenues for recovering damages:

• Filing a Lawsuit: You can file a personal injury lawsuit against the at-fault driver, seeking compensation for your medical bills, lost wages, and pain and suffering. However, this process can be lengthy and costly, and there’s no guarantee of success if the at-fault driver doesn’t have assets.
• Using Your Own Uninsured Motorist Coverage: If you carry uninsured motorist coverage, your own insurance company may help cover the costs of your injuries and vehicle repairs. Your insurer may also pursue the uninsured driver for reimbursement.

It’s important to consult with an uninsured motorist attorney in South Carolina if you’re considering legal action. We can help you navigate the complexities of South Carolina’s laws and ensure that your rights are protected.

Frequently Asked Questions: South Carolina Uninsured Motorist Claims

1. What is Uninsured Motorist (UM) coverage in South Carolina?

In South Carolina, Uninsured Motorist coverage is a mandatory part of your auto insurance policy. It provides financial protection if you are involved in an accident caused by a driver who does not have liability insurance. This coverage also applies to hit-and-run incidents where the at-fault driver cannot be identified, ensuring you have a path to recover your damages.

2. Is Uninsured Motorist coverage required by South Carolina law?

Yes, South Carolina law mandates that every automobile insurance policy issued in the state must include Uninsured Motorist coverage. Drivers are required to maintain UM coverage limits that are at least equal to the state’s minimum liability requirements. This ensures that responsible drivers have a safety net if they are struck by one of the state’s many legally uninsured motorists.

3. What are the minimum UM coverage limits in South Carolina?

The minimum required Uninsured Motorist limits in South Carolina follow the 25/50/25 rule. This includes $25,000 for bodily injury per person, $50,000 for total bodily injury per accident involving multiple people, and $25,000 for property damage. While these are the legal minimums, many drivers choose to purchase higher limits to better protect themselves against severe medical expenses.

4. Is there a deductible for Uninsured Motorist property damage claims?

Yes, South Carolina law generally imposes a mandatory $200 deductible for property damage claims filed under your Uninsured Motorist coverage. This means if your vehicle is damaged by an uninsured driver, you are responsible for the first $200 of repairs. If your insurance company successfully recovers the money from the at-fault driver, they should eventually refund this deductible.

5. How does a hit-and-run accident work with UM coverage?

In South Carolina, a hit-and-run is treated as an uninsured motorist claim. To qualify, you must report the accident to the police within a reasonable timeframe. Furthermore, there must be physical contact between the vehicles, or you must have an independent witness provide a sworn affidavit confirming that another vehicle caused the crash without making physical contact with yours.

6. What is the difference between UM and UIM coverage?

Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance or flees the scene. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your total damages. While UM coverage is mandatory in South Carolina, UIM is optional, although insurance companies are legally required to offer it.

7. Can I file a UM claim if I was a pedestrian?

Yes, Uninsured Motorist coverage typically follows the person, not just the vehicle. If you are hit by an uninsured driver while walking or cycling, you can usually file a claim against your own auto insurance policy’s UM provision. This protection often extends to resident family members living in your household, providing broad coverage for various types of traffic-related accidents.

8. Does UM coverage pay for my medical bills?

Yes, the bodily injury portion of your Uninsured Motorist coverage is designed to pay for medical expenses resulting from the accident. This includes emergency room visits, hospital stays, surgeries, physical therapy, and medical equipment. It functions similarly to the at-fault driver’s liability insurance, providing the compensation you would have received had the other driver been properly insured as required.

9. Can I recover lost wages through a UM claim?

Yes, you can recover compensation for lost wages if your injuries prevent you from working. Your UM coverage acts as a substitute for the at-fault driver’s missing liability insurance, allowing you to seek reimbursement for the income you lost during your recovery. You will need to provide documentation, such as pay stubs and medical notes, to prove your financial losses.

10. What is the statute of limitations for UM claims?

In South Carolina, the statute of limitations for personal injury and property damage claims is generally three years from the date of the accident. However, your insurance policy may have much shorter internal deadlines for notifying them of a potential claim. Failing to report the accident to your insurer promptly could result in a denial of your Uninsured Motorist benefits.

11. Can I “stack” Uninsured Motorist coverage in South Carolina?

South Carolina allows “stacking” of UM coverage under specific circumstances. If you have multiple vehicles insured on the same policy or multiple policies within your household, you may be able to combine the coverage limits to increase your total protection. Stacking usually applies to bodily injury limits rather than property damage and depends on your status as a Class 1 insured.

12. Does South Carolina’s comparative negligence rule apply to UM claims?

Yes, South Carolina follows a modified comparative negligence rule with a 51% bar. If you are found to be partially at fault for the accident, your recovery will be reduced by your percentage of fault. If you are 51% or more responsible for the collision, you are legally barred from recovering any compensation under your Uninsured Motorist coverage policy.

13. Do I have to sue my own insurance company?

Filing a UM claim is technically a claim against your own insurer, but the process can become adversarial. If you and your insurance company cannot agree on the value of your claim or who was at fault, you may need to file a formal lawsuit. In hit-and-run cases, you often sue a “John Doe” defendant, and your insurer defends them.

14. What if the at-fault driver is “self-insured”?

Some drivers in South Carolina choose to register as “uninsured motorists” by paying a $600 annual fee to the DMV. However, this fee does not provide them with insurance; it simply allows them to drive legally. If one of these drivers hits you, they are personally liable for damages. You would still likely use your UM coverage to collect compensation.

15. Should I hire a lawyer for an SC uninsured motorist claim?

While you can handle a claim yourself, hiring an attorney is often beneficial because insurance companies may still try to minimize your payout. A lawyer can help gather necessary evidence, such as witness affidavits for “no-contact” accidents, and navigate the complexities of stacking policies. They ensure you receive the full value of your claim for medical bills and suffering.