Hit by an Uninsured Driver in South Carolina: What You Should Do
Learn about your legal options for recovering compensation after an accident with an
uninsured driver in Columbia
Being involved in a car accident is an inherently stressful event, one that can quickly become even more complicated and daunting when the responsible party lacks insurance coverage.
The realization that you’re dealing with an uninsured driver brings additional challenges, from navigating the claims process to understanding your options for compensation.
If you find yourself injured in such an accident in Columbia, South Carolina, you’re likely seeking clear guidance on how to proceed. This comprehensive guide is designed to walk you through the essential steps you should take following an accident with an uninsured motorist to protect your rights and recover maximum compensation.
Have questions about your legal options after an accident with an uninsured driver in South Carolina? Reach out to our experienced Columbia car accident attorneys to schedule a free consultation.
Why are there so many uninsured drivers?
There are many reasons why a driver might be uninsured. One of the most common is the high cost of auto insurance coverage, which especially applies to younger drivers and those considered at high risk for accidents.
Additionally, some drivers may not purchase insurance because they don’t fully understand their obligations under South Carolina law.
However, the state requires all drivers to have at least $25,000 of insurance coverage per person for bodily injury and at least $50,000 of insurance coverage per accident. Property damage coverage of at least $25,000 is also required. Drivers are also required to carry uninsured motorist coverage in the event of a collision with an uninsured driver.
Another common reason drivers may not be insured is because they allow it to lapse. Although some people might legitimately forget about renewing their coverage, others let it go due to financial issues.
Because auto insurance can be costly, some people may drop their coverage during times of financial stress because they assume their likelihood of getting into an accident is low. However, the actions of other drivers are beyond anyone’s control, and even with the highest level of caution, accidents can still occur.
Another issue prevalent in South Carolina is that non-U.S. residents often lack auto insurance policies. This occurs for various reasons, one of which is unfamiliarity with the state’s laws. Non-residents may also have trouble obtaining coverage, which makes them more vulnerable if an accident occurs.
What to do after an accident with an uninsured driver in South Carolina
After a motor vehicle accident with an uninsured driver in South Carolina, it’s crucial to take certain steps.
- Call 911. Call 911 to summon police and an ambulance to the scene (if one is required). One of the responding officers will create an accident report, which you can obtain for your records. Ask for the officer’s name and badge number and where you can get your copy.
- Seek medical care. Emergency medical personnel can administer care to anyone on the scene who has suffered injuries and transport them to the nearest hospital. It’s important to always seek immediate medical attention, even if you feel fine. A doctor can determine if you’ve suffered an unseen injury and prevent it from worsening.
- Get contact and witness info. If you are able to do so, exchange names and contact information with the other driver, but avoid making conversation or apologizing, which could be seen as an admission of guilt. Get the person’s license plate number, driver’s license number, phone number, and address. Look around for witnesses and obtain their names and contact information as well.
- Gather evidence. Take photos of the scene, including any visible damages to your vehicle, the other vehicle involved (if applicable), any skid marks on the road, traffic signs, and the overall road conditions.
- Contact your insurance company. Next, contact your insurance company to report that you’ve been in an accident, but only provide them with basic information. This is a crucial step, especially if the other driver is uninsured.
Due to the added complexities of these cases, it may be wise to speak with an experienced car accident attorney who specializes in accidents with uninsured motorist claims to ensure you pursue all available legal avenues for recovering compensation, especially in cases involving wrongful death or catastrophic injuries like brain or spinal cord injuries.
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What damages can I claim through my uninsured motorist coverage in South Carolina?
As we mentioned earlier, South Carolina requires all drivers to carry auto insurance and include uninsured motorist coverage with their policies. This protects drivers if they’re ever in an accident with an uninsured driver or a hit-and-run where the driver isn’t identified or found.
Depending on your specific policy, uninsured motorist coverage in South Carolina can help with a variety of damages after a car accident with an uninsured driver, including:
- Medical bills. This includes costs associated with medical treatment, rehabilitation, and any ongoing health care needs resulting from the accident.
- Lost wages. This is compensation for any earnings lost due to time away from work while recovering from injuries sustained in the accident.
- Pain and suffering. This is compensation related to the physical pain and emotional distress experienced as a result of the accident.
- Property damage. This provides financial assistance to repair or replace your vehicle and cover any other property damages incurred in the accident.
Uninsured motorist coverage ensures that victims are not left bearing the financial burden of an accident caused by an uninsured driver, providing a critical safety net in such situations.
However, it’s important to keep in mind that since non-economic damages like pain and suffering are subjective, the insurance company may not offer you a settlement that fairly compensates you for the suffering you’ve endured.
Because of this, it’s crucial to consult with an experienced car accident attorney to ensure you’re being adequately compensated before agreeing to a settlement offer.
Can you sue an uninsured driver in South Carolina?
Yes, you can sue an uninsured driver in South Carolina if you’re involved in a car accident with one. Taking legal action might allow you to pursue additional compensation for damages such as medical expenses, lost wages, property damage, and pain and suffering.
However, it’s important to fully consider the financial situation of the uninsured driver. Even if you win the lawsuit, collecting the awarded damages can be challenging if the driver lacks the financial resources to pay.
Consulting with a personal injury attorney early on in the process can help you determine the feasibility and potential outcomes of such a lawsuit so you don’t waste any time or resources on a legal action that might not ultimately benefit you.
How an experienced attorney can help after an accident with an uninsured driver in SC
There are multiple reasons why it’s smart to retain an attorney after an accident with an uninsured driver.
These cases are often complex and require a lawyer’s experience and expertise. They can use an investigative team to explore the facts of the accident and determine who’s liable, including the uninsured driver.
Attorneys know how uninsured motorist coverage works and can handle negotiations with your insurance company. They can accurately determine how much your claim is worth and fight to secure the best possible settlement to cover the full extent of your losses.
Finally, your car accident attorney can represent you in court if your case fails to settle and moves to trial.
Hit by an uninsured driver in Columbia, South Carolina?
Suffering serious injuries from an accident with an uninsured driver adds an unfair burden to your medical and financial recovery. At Smith, Born, Leventis, Taylor & Vega, we want to alleviate that burden by fiercely advocating for your rights and ensuring you secure the compensation you rightly deserve.
In these challenging times, you need a team that not only understands the complexities of South Carolina’s legal landscape but also cares deeply about your recovery and well-being.
Reach out to our knowledgeable Columbia personal injury attorneys today for a comprehensive case evaluation, where we’ll listen to your story, discuss the specifics of your case, and outline your legal options. We’ll guide you through each step of the legal process with expertise and compassion, fighting to achieve the best possible outcome for you.
