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.