Getting into a car accident is stressful enough, but it is even worse when the other driver has no insurance. Now, you are stuck wondering how to cover repairs, medical bills, or lost wages – especially when the crash was not your fault.
Even though South Carolina requires insurance, many drivers ignore the law. Does this mean that if an uninsured driver hits you, are you just out of luck? Not necessarily. You still have options, but getting compensation is not always easy.
Steps to Take After an Accident with an Uninsured Driver
Handling an uninsured driver accident claim starts right at the crash scene. Here is what you need to do:
- Call the Police – A police report is crucial when filing a UM claim.
- Get the Other Driver’s Information – Even if they do not have insurance, you will need their name, contact info, and vehicle details.
- Take Pictures and Videos – Document everything, including vehicle damage, road conditions, and any visible injuries.
- Talk to Witnesses – If anyone saw the accident, get their contact information.
- Get Medical Attention – Even if you feel fine, injuries can show up later. Plus, medical records will help your claim.
- Contact Your Insurance Company – Report the accident and ask about your UM coverage.
- Consult a Lawyer – Insurance companies might try to lowball your settlement. A lawyer can help fight for fair compensation.
Taking these steps immediately can strengthen your claim and help you avoid unnecessary complications.
Understanding Uninsured Motorist (UM) Claims
First, if you live in South Carolina, you already have uninsured motorist (UM) coverage as part of your car insurance. It is required by law and helps cover damages when an at-fault driver does not have insurance.
Here is what South Carolina requires for minimum UM coverage:
- $25,000 per person and $50,000 per accident for bodily injury
- $25,000 per accident for property damage
If an uninsured driver hits you, this coverage helps with medical expenses, lost wages, and vehicle repairs. It is a safety net for situations like this.
Filing a UM Claim
If you need to file a UM claim, here is what you should do:
- Report the accident to your insurance company as soon as possible.
- Gather police reports, medical bills, repair estimates, and witness statements to support your claim.
- Work with the insurance adjuster, but be cautious. Even though it is your insurance company, they will still try to pay as little as possible.
This is where a lawyer can be helpful. They know how to deal with insurance adjusters and can push for a fair settlement.
What About Underinsured Motorist (UIM) Coverage?
Another type of coverage might come into play – underinsured motorist (UIM) coverage. This differs from UM coverage because it helps when the at-fault driver has insurance, but their policy does not cover all your expenses.
For example, say the driver who hit you has the state minimum of $25,000 in liability insurance, but your medical bills and car repairs total $50,000. That extra $25,000 has to come from somewhere. If you have UIM coverage, your insurance will help cover the difference.
Unlike UM coverage, UIM coverage is not required in South Carolina, but it is a smart investment. Medical bills and car repairs add up fast, and state minimums do not always cut it.
Other Ways to Cover Your Expenses:
If an uninsured driver hits you, your UM coverage might not be enough to cover everything. Here are some other options:
Personal Injury Protection (PIP)
PIP coverage helps pay for medical bills and lost wages, no matter who caused the accident. South Carolina does not require PIP, but it can be a big help if you have it.
Collision Coverage
Collision coverage is optional, but if you have it, it will cover damage to your car – whether the other driver has insurance or not. The downside? You will have to pay your deductible before your insurance company pays for the repairs.
Suing the At-Fault Driver
You can take legal action against the uninsured driver to try and recover your costs, but this is not always a great option. Many uninsured drivers do not have money or assets, which is often why they do not have insurance in the first place. Even if you win in court, collecting the money can be challenging.
Insurance Claim Denials and Disputes
Sometimes, insurance companies deny UM claims or offer settlements that do not fully cover your damages. Here are some common reasons for claim denials:
- Lack of Evidence – Your insurer might push back if you do not have enough proof that the uninsured driver caused the accident.
- Delaying the Claim – Waiting too long to report the accident can hurt your case.
- Disputes Over Damages – The insurance company might argue that your injuries or car damage was not caused by the accident.
If your claim gets denied, do not give up. You can dispute the decision, and an attorney can help you gather more evidence and negotiate with the insurance company.
How a Lawyer Can Help
Dealing with an uninsured driver accident claim is not always easy. Insurance companies aren’t on your side and do whatever they can to pay as little as possible. Having a car accident lawyer can make a huge difference by:
- Reviewing Your Insurance Policy – They will determine precisely what coverage applies to your case.
- Negotiating with the Insurance Company – Lawyers know the tactics insurers use and can push back against lowball offers.
- Filing a Lawsuit if Necessary – A lawyer can take the case to court if negotiations do not work.
At Murphy Crantford Meehan, we have helped countless South Carolina residents handle uninsured motorist claims and get the compensation they need. If you are dealing with this situation, we are here to help.
Protect Your Rights and Your Compensation
Getting hit by an uninsured driver is a mess, but you do not have to deal with it alone. South Carolina’s UM laws help, but the claims process is not always smooth. If the insurance company gives you a hard time, do not wait – Murphy Crantford Meehan is ready to fight for you. Call us today at (843) 832-1120 or reach out via our contact page to get started.
