Getting into a car accident is stressful enough. You’re likely dealing with pain, confusion, and a vehicle damaged. However, things get even more complicated when you learn the other driver doesn’t have insurance. Some protections are in place in South Carolina to help in this situation, but the process can still feel overwhelming. If you’re wondering what to do if the other driver is uninsured, here’s what you need to know to protect your rights and explore your options.
What to Do Immediately After an Accident with an Uninsured Driver
What you do right after a crash with an uninsured driver can significantly protect your health and your right to compensation. Call 911 immediately and report the accident, even if injuries seem minor. An official police report will help later. Be sure to exchange information with the other driver, including their name, license plate number, and contact details. Take photos of the vehicles, road conditions, and injuries, and gather witness names if possible. Avoid admitting fault or discussing insurance at the scene. Then, immediately contact your insurance company to report the crash and start to file a claim.
Can You Still Recover Compensation?
Yes, you may still be able to recover money for your injuries, car repairs, and other losses. South Carolina requires insurance companies to provide coverage for these kinds of situations. Some of the ways you may recover compensation include:
- Uninsured Motorist Coverage—South Carolina drivers must carry this coverage, which kicks in when an uninsured driver hits you.
- Underinsured Motorist Coverage – If the other driver has some insurance, but not enough to cover your losses, your underinsured motorist coverage may help fill the gap.
- Medical Payments or Collision Coverage – If you purchased these extra options, your policy may cover your injuries or car repairs, even if the other driver doesn’t have insurance.
- Legal Action – You can file a lawsuit against the at-fault driver, but they may not have money or assets to collect if they don’t have insurance. Even if you win, getting paid could be difficult.
Understanding South Carolina’s Insurance Requirements
Knowing what’s legally required helps you understand where the system can fall short. While every driver is supposed to carry insurance, that doesn’t mean they always do. South Carolina drivers must have at least $25,000 in liability coverage for injury to one person, $50,000 for injury to multiple people, and $25,000 for property damage.
Despite these laws, many people still drive without insurance. Some can’t afford it. Others let their coverage lapse. This leaves responsible drivers at risk. Because of this risk, uninsured motorist coverage is included with every South Carolina auto policy. This coverage can help in a car accident when the other driver has no health insurance—a scenario that’s more common than you think, as fatality statistics often show how devastating these crashes can be without proper coverage.
A judge may also order restitution to the victim. For certain felonies, probation might be possible, but in civil cases, like car crashes, knowing what to do after getting hit by an uninsured driver is just as critical to protect your financial future.
How Uninsured Motorist Coverage Works in South Carolina
Uninsured motorist (UM) coverage is built into your auto insurance and can be a vital safety net after a crash with an uninsured driver. It covers more than just medical bills. It can also help with missed work, medical care, and pain and suffering.
However, it only pays up to your policy’s dollar limit. If your expenses go beyond that, you may need to explore other ways to get the full amount you’re owed. It’s also important to know the difference between UM and underinsured motorist (UIM) coverage, which helps when the other driver lacks insurance.
What If You’re Partially at Fault?
Fault affects every aspect of your uninsured motorist claim, including how much compensation you can recover. But fault isn’t always apparent. Maybe both drivers made mistakes. That doesn’t always mean you’re out of luck in South Carolina. Fortunately, you can recover money if you bear less fault than the other driver. However, the court will reduce your payout in proportion to your share of fault. For example, if you’re found 30 percent at fault and your damages total $10,000, you can only recover $7,000.
Remember that even though you’re dealing with your insurance after a collision with an uninsured driver, they may argue you were partially at fault to lower their payout. Gathering strong evidence helps keep things fair.
When to Get Legal Help After an Uninsured Driver Crash
Handling a claim alone may sound simple, but insurance companies don’t always make it easy. Delays, low offers, or flat-out denials are common, especially when the other driver has no insurance. An attorney can help you in several ways, including:
- Filing an Uninsured Driver Claim – Your attorney can handle your paperwork so that it is accurate and you meet all applicable deadlines. Mistakes can cost you.
- Dealing with the Insurance Company – You won’t have to spend hours on the phone, fight for a fair settlement, or worry about missing important details.
- Protecting Your Rights – If your insurance company refuses to pay or offers too little, your lawyer can push back and explain what you’re really owed under your policy.
Whether you’re dealing with coverage when the other driver is uninsured, trying to recover damages after an uninsured crash, or facing out-of-pocket uninsured motorist costs, legal help makes a big difference.
Talk to a South Carolina Car Accident Attorney Today
If you’ve suffered injuries in a car accident with an at-fault driver with no insurance, you don’t have to figure everything out by yourself. Between insurance claim delays when the other driver has no coverage, injuries, or the cost of fixing car damage from an uninsured driver, the bills can stack up fast.
At Goings Law Firm, LLC, our team of South Carolina car accident attorneys knows the proper uninsured accident steps and can help you explore every possible way to recover. We know how to deal with insurance options after an uninsured crash and fight back if an insurer treats you unfairly.
Don’t wait to get the answers you need. Call Goings Law Firm, LLC today at (803) 350-9230 to schedule a free consultation. Let us help you take the next step after an accident with an uninsured motorist.
Related Post
COMMON QUESTIONS ABOUT UNDERINSURED MOTORIST COVERAGE (UIM) IN SOUTH CAROLINA
Statistics show that South Carolina is one of the most dangerous states to ride a motorcycle
