Like most states, South Carolina has a fault-based insurance system requiring car accident victims to file compensation claims against the at-fault driver’s insurance. This can be a tedious process, requiring evidence of their liability in the accident and facing insurance company tactics like disputes, delays, and denials. But what happens when the driver responsible for the accident doesn’t have insurance?
South Carolina law requires all drivers to carry at least the minimum in injury liability insurance coverage, but some drivers let their insurance lapse or drive illegally without valid insurance. An astonishing one out of seven drivers did not have insurance in a 2023 study.
Minimum UM Coverage for South Carolina Drivers
To legally drive in South Carolina, motorists must carry at least the minimum insurance requirements including the following:
- $25,000 in bodily injury liability coverage per person and $50,000 per accident
- $25,000 in property damage coverage per accident
- Uninsured motorist coverage of $25,000 per person or $50,000 total per accident
Driving without the minimum required auto insurance results in significant fines and penalties that could include up to 30 days in jail.
Steps to Take After an Accident With an Uninsured Driver
The aftermath of a car accident is a chaotic time, especially if you or a loved one suffered painful and frightening injuries. Finding out that the driver responsible for a crash doesn’t have insurance is often another blow adding to the trauma of the collision. Fortunately, carrying the required insurance in South Carolina means car accident victims can make a claim for compensation against their own insurance policy’s provision for uninsured motorist coverage.
After a car accident, take the following steps to protect yourself physically and financially.
- First, call 911 to report the accident and give aid and comfort to injury victims if you are able
- Use your phone’s camera to snap photos of the damaged vehicles and the accident scene. If you aren’t able to move safely without causing further injury, have an uninjured person use your phone or theirs to take photos
- Add the contact information of the other driver. If they tell you at the scene that they don’t have insurance, tell the police officers when they arrive
- Go directly to a hospital from the accident and request a full examination and a detailed medical report listing your injuries
- Report the accident to your insurance company and inform them that the at-fault driver was uninsured
Always follow your doctor’s orders carefully after an accident to protect your physical health and to ensure that the insurance company doesn’t dispute your claim because you failed to follow through on prescribed medical care.
How Can I Recover Compensation After an Accident Caused by an Uninsured Motorist?
Once you’ve informed your insurer that the at-fault party was uninsured and they verify this through the police report, you can file a claim for damages against your uninsured motorist coverage. It’s always best to do this through representation by an experienced car accident lawyer who can maximize the amount you recover by carefully calculating damages like past and future medical expenses, past and future income loss, and pain and suffering. Depending on the unique circumstances of your case you may have other options available for recovering damages after an accident with an uninsured motorist, including the following:
- A lawsuit against the uninsured driver—this is only a viable option if they have significant assets
- A claim against a third party that contributed to the accident like a negligent road maintenance agency or the manufacturer of a seatbelt that malfunctioned
- A claim against your collision and comprehensive policies if you’ve added those options to your insurance coverage
Call a South Carolina Car Accident Lawyer
When a driver causes an accident and isn’t insured, recovering damages becomes more complex, especially if your damages exceed the amount of coverage under your uninsured motorist policy. Call the South Carolina car accident attorneys at Marc Brown Law Firm. We take a results-oriented approach to obtain the best possible outcome for our clients.