If you are hit by an uninsured driver in South Carolina, you can generally seek payment through the uninsured motorist coverage included in your own auto insurance policy. South Carolina requires auto policies to carry uninsured motorist coverage, including at least $25,000 for bodily injury to one person and $25,000 for property damage in one accident.
Your insurer does not automatically approve the claim simply because the other driver lacks insurance. You must still show that the uninsured driver caused the crash and document the injuries and losses resulting from it.
What Does Uninsured Motorist Coverage Pay for in South Carolina?
Uninsured motorist coverage pays covered losses that an at-fault driver would otherwise be responsible for but cannot pay because they have no applicable insurance. It may also apply when a hit-and-run driver cannot be identified.
South Carolina Code § 38-77-150 requires auto insurance policies to include uninsured motorist coverage with limits no lower than the state’s minimum liability limits.
Those minimum limits are:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to two or more people in one accident
- $25,000 for property damage in one accident
The property damage portion may include a $200 deductible. Your exact benefits will depend on your policy limits, the facts of the collision, and the evidence supporting your claim.
Does Uninsured Motorist Coverage Apply To Hit-And-Run Accidents?
Uninsured motorist coverage can apply to a South Carolina hit-and-run accident, but state law imposes specific evidence and reporting requirements. A person seeking coverage must report the crash to an appropriate police authority within a reasonable time.
Under South Carolina Code § 38-77-170, the claimant must also establish physical contact with the unknown vehicle, obtain a qualifying witness affidavit or presuit deposition, or provide a recording showing that the unknown vehicle caused the accident. The claimant must not have been negligent in failing to identify the vehicle or driver.
Dashcam footage, surveillance video, witness statements, and photographs may therefore be especially important after a hit-and-run crash.
What Should You Do After an Uninsured Driver Hits You?
You should report the collision, seek medical care, gather evidence, and notify your insurer as soon as reasonably possible. Taking these steps can protect your health and create records needed to support an uninsured motorist claim.
After the crash:
- Call law enforcement and request an accident report.
- Exchange information with the other driver.
- Photograph the vehicles, the road, the traffic signals, and any visible injuries.
- Obtain names and contact details from witnesses.
- Seek medical attention, even if symptoms seem minor.
- Save medical records, repair estimates, receipts, and wage documents.
- Notify your insurance carrier without admitting fault or guessing about your injuries.
These records can help establish how the crash happened and how it affected you.
How Can a Car Accident Lawyer in South Carolina Help?
Jamie Casino Injury Attorneys can investigate the collision, review all available insurance coverage, document the claim, and handle communications with the insurance carrier. Our attorneys have over four decades of combined experience representing injured people.
The legal team can also gather police reports, medical records, witness statements, photographs, electronic recordings, and other evidence needed to address disputes involving fault or coverage.
Frequently Asked Questions
Below are answers to some common questions about uninsured motorist coverage in South Carolina.
Is Uninsured Motorist Coverage Required in South Carolina?
Yes. South Carolina requires uninsured motorist coverage with minimum limits of $25,000 per person, $50,000 per accident, and $25,000 for property damage.
Is Underinsured Motorist Coverage Required?
No. Insurers must offer underinsured motorist coverage, but South Carolina drivers are not required to purchase it.
Is There a Deductible for Uninsured Motorist Property Damage?
A South Carolina uninsured motorist policy may exclude the first $200 of a covered property damage loss.
Can You File a Claim if the Other Driver Leaves the Scene?
Yes, but South Carolina’s hit-and-run rules require a timely police report and specific evidence connecting the unknown vehicle to the accident.
What Is the Statute of Limitations for Personal Injury Lawsuits in South Carolina?
South Carolina law typically requires personal injury lawsuits to be filed within three years from the date of the injury or accident. Missing the deadline set by the statute of limitations may bar you from recovery, so it is important to consult with a qualified attorney to ensure your claim is filed on time.
Contact the South Carolina Car Accident Lawyers at Jamie Casino Injury Attorneys for Help
An accident involving an uninsured or unidentified driver in South Carolina can lead to complicated insurance and legal issues. Jamie Casino Injury Attorneys has 40 years of combined experience and can review the crash, available coverage, and next steps during a free consultation.
For more information, contact an experienced South Carolina car accident lawyer at Jamie Casino Injury Attorneys to schedule a free consultation today.
