If you’ve been in an accident with an uninsured or underinsured driver, our experienced attorneys in Summerville are here to help you get the compensation you deserve. Hiring an experienced Uninsured/Underinsured Motorist (UM/UIM) law firm can help you obtain the compensation and the justice you need to move forward. Contact Murphy Crantford Meehan today for a free evaluation of your case.
What should I do if I’m involved in an accident with an uninsured or underinsured driver?
If you find yourself in such a situation, it’s imperative to take the following steps.
Ensure Your Safety and Seek Medical Attention
The first and most important step after any car accident is to ensure everyone’s safety. Suppose you can move your vehicle to a safe location, away from traffic. Turn on your hazard lights and call 911 to report the accident. Even if you don’t feel seriously injured, getting checked out by a doctor is always a good idea. Some injuries, especially those related to the neck, back, or head, may not be immediately apparent but can cause long-term damage if left untreated.
Gather Information
If possible, collect the following information at the accident scene:
- Driver’s details: Get the other driver’s name, contact information, driver’s license number, and license plate number.
- Insurance information: Ask for the at-fault driver’s insurance company name, policy number, and contact details.
- Witnesses: If there were any witnesses to the accident, get their contact information.
- Photographs: Take photos of the scene, vehicle damage, and any visible injuries. You can never have too many images.
Even if the other driver is uninsured or underinsured, collecting this information is still vital. It can significantly bolster your claim with your insurance company and will come in handy when you contact an attorney to handle your case.
Contact Your Insurance Company
Report the accident to your insurance company as soon as possible. Suppose the other driver is uninsured or underinsured. In that case, your insurance policy may include Uninsured/Underinsured Motorist (UM/UIM) coverage, which can help cover your medical bills, vehicle repairs, and other expenses. It’s essential to understand your coverage limits and the terms of your policy to ensure you’re aware of the compensation available to you.
Many people in South Carolina opt for UM/UIM coverage because it protects them when the at-fault driver lacks sufficient insurance. If the at-fault driver’s insurance is insufficient to cover your damages, your policy may help fill in the gap.
Understand the Statute of Limitations
In South Carolina, the statute of limitations for filing a personal injury lawsuit is three years from the accident date. Your deadline for filing a UM/UIM claim is likely much shorter. Seek the aid of an experienced attorney as soon as you’ve been in an accident so you don’t miss any critical deadlines.
Stay Organized
Keep a detailed record of all communications related to the accident, including correspondence with your insurance company, medical providers, and legal professionals. This detailed record will help you maintain control over your case and will come in handy if there is a dispute or a delay in processing your claim.
Contact an Experienced Attorney
Dealing with an uninsured or underinsured driver can complicate your ability to receive the compensation you deserve. This is where an experienced South Carolina attorney can be invaluable. They can assist you in navigating the intricacies of insurance claims, gathering necessary evidence, and, if necessary, filing a lawsuit to pursue compensation. Your attorney can also help determine if the driver had assets that can be used to pay for your damages and whether additional claims, such as a claim against your insurer, are possible.
Explore Legal Options for Compensation
You may still have options for pursuing compensation even if you’ve been in an accident with an uninsured or underinsured driver. These options could include filing a lawsuit against the at-fault driver if they have assets or pursuing other claims depending on the case’s specifics. Your attorney will help you explore all possible avenues for compensation, empowering you to take action and seek the justice you deserve.
How does uninsured/underinsured motorist coverage work in South Carolina?
Uninsured Motorist (UM) coverage is a type of auto insurance that provides a safety net, paying for your medical bills, lost wages, and other damages if a driver without insurance hits you. Underinsured Motorist (UIM) coverage offers a similar relief, coming into play when the at-fault driver has insurance but not enough to cover all your expenses. In both cases, UM/UIM coverage ensures you’re not left without compensation due to someone else’s lack of proper insurance, providing a sense of security in uncertain situations.
South Carolina law requires drivers to carry liability insurance to cover damages they cause in an accident. However, many drivers either don’t take enough insurance or don’t have insurance at all, leaving other motorists vulnerable to paying out-of-pocket for damages. UM/UIM coverage acts as a safety net in these situations, helping cover the costs that the at-fault driver’s insurance does not.
If you’re involved in an accident caused by an uninsured driver or one whose insurance is insufficient, your UM/UIM coverage can help pay for the following:
- Medical expenses: This includes hospital bills, doctor visits, physical therapy, and other health-related costs.
- Lost wages: If your injuries prevent you from working, UM/UIM coverage can compensate for lost income.
- Pain and suffering: You may also be entitled to compensation for emotional distress and physical pain resulting from the accident.
- Vehicle repairs: UM/UIM coverage may help repair or replace your damaged vehicle.
When Does UM/UIM Coverage Apply?
UM/UIM coverage applies when:
- The at-fault driver is uninsured: If the other driver doesn’t have insurance, your UM coverage will compensate you for the damages.
- The at-fault driver is underinsured: If the at-fault driver has insurance. Still, the coverage limits are too low to cover your expenses; your UIM coverage will cover the remaining costs up to your policy limits.
- The at-fault driver is unknown (hit-and-run accidents): In the case of a hit-and-run, where the other driver cannot be identified, UM coverage can still apply to help cover your costs.
Limits of UM/UIM Coverage in South Carolina
UM/UIM coverage in South Carolina is not mandatory. However, your insurer must offer it when you buy your auto insurance policy. If you decline this coverage, you must do so in writing. The coverage limits for UM/UIM insurance can vary depending on your chosen policy. It’s important to note that South Carolina law does not require that your UM/UIM coverage limits match your liability coverage limits.
Benefits of UM/UIM Coverage
The primary benefit of UM/UIM coverage is that it protects you financially in situations where you might otherwise be left with no recourse for damages. Even though it is an added expense on your insurance policy, in some cases, the cost is well worth the coverage it provides you. UM/UIM coverage helps provide peace of mind, knowing that you have financial protection if the other driver doesn’t have enough insurance.
Can I file a claim if I don’t have uninsured motorist coverage on my policy?
In South Carolina, if you don’t have uninsured motorist (UM) coverage on your policy, you may still have options for recovering compensation after an accident with an uninsured driver, but it will be more challenging. Some of the many potential avenues for recourse include:
- The At-Fault Driver’s Assets: If the at-fault driver is uninsured and you don’t have UM coverage, you may attempt to recover compensation directly from their assets. However, this is often difficult because uninsured drivers may not have sufficient assets to cover their damages. Even if you win a judgment against them, collecting the money can be lengthy and uncertain.
- Your Health Insurance: If you don’t have UM coverage, your health insurance might help cover medical expenses related to the accident. However, health insurance will typically only cover medical bills, not other costs, like vehicle repairs or lost wages.
- Collision Coverage: If you have collision coverage as part of your auto insurance policy, this may cover repairs to your vehicle regardless of the at-fault driver’s insurance status. However, collision coverage does not cover medical expenses or other non-vehicle-related damages.
- Filing a Lawsuit: If other options are unavailable, you may have the option to file a lawsuit against the uninsured driver.
What compensation can I recover in an uninsured/underinsured motorist accident claim?
In an uninsured/underinsured motorist accident claim in South Carolina, you can recover compensation for medical expenses, vehicle repairs, lost wages, pain and suffering, and other damages resulting from the accident. Your policy limits and the specifics of the accident will determine the amount you may receive.
Contact Murphy Crantford Meehan Today!
Navigating these details of UM/UIM coverage is complex, and you’ll need the aid of an experienced attorney to help you get the compensation you deserve. If you’ve been in an accident with an uninsured or underinsured motorist, let the experienced Summerville car accident attorneys at Murphy Crantford Meehan help. Contact us today for a free evaluation of your case.
