Being hit by an uninsured driver can feel like adding insult to injury. You’re dealing with injuries, vehicle damage, and medical bills, and now you’re facing the reality that the person who caused the accident doesn’t have insurance to cover your losses. This is a frightening situation, but you have more options than you might realize.
In South Carolina, uninsured motorist coverage is required on every auto insurance policy by law. Understanding how this coverage works and what steps to take after being hit by an uninsured driver can make the difference between recovering fair compensation and being left to shoulder the financial burden alone.
With 30 years of experience handling car accident cases throughout South Carolina, our experienced Columbia car accident lawyers at McCravy, Newlon, & Clardy have built a reputation for ethical, principled representation of injured clients. Our commitment to doing right by our clients guides every case we handle. Here’s what you need to know to protect your rights.
Immediate Steps After Being Hit By an Uninsured Driver in Columbia
The moments after any Columbia car accident are critical, and being hit by an uninsured driver makes certain steps even more important.
Call 911 and Report the Accident
Always call the police after an accident, even if the other driver doesn’t have insurance. You need an official police report documenting what happened. When officers arrive, tell them you believe the other driver is uninsured. The police report will note this and can be crucial evidence for your uninsured motorist claim.
Get the Other Driver’s Information
Even though they don’t have insurance, you still need to collect information from the other driver. Get their name, address, phone number, driver’s license number, and license plate number. Take photos of their license plate and their driver’s license if possible. If they refuse to provide information or leave the scene, note their vehicle make, model, color, and any other identifying details.
Document Everything At the Scene
Take photos of all vehicle damage, the accident scene, any visible injuries, road conditions, traffic signs, and anything else relevant to the accident. If there are witnesses, get their names and contact information. The more documentation you have, the stronger your uninsured motorist claim will be.
Seek Medical Attention Immediately
Go to the emergency room or an urgent care clinic the same day as the accident, even if you feel fine. Some injuries don’t show symptoms immediately. Whiplash, internal injuries, and concussions can take hours or days to become apparent. Insurance companies will use any delay in treatment against you, arguing that if you were really injured, you would have sought care right away.
Don’t Admit Fault
Don’t apologize or say anything that could be interpreted as admitting fault at the scene. Even if you think you might have contributed to the accident, let the investigation determine fault. South Carolina uses modified comparative negligence, which means your recovery can be reduced by your percentage of fault.
Understanding Uninsured Motorist Coverage in South Carolina
South Carolina law recognizes that uninsured drivers pose a serious risk to everyone on the road. That’s why the state requires all auto insurance policies to include uninsured motorist coverage.
What Uninsured Motorist Coverage Includes
According to S.C. Code Ann. § 38-77-150, every automobile insurance policy issued in South Carolina must contain uninsured motorist (UM) coverage. This coverage protects you if you’re injured by a driver who has no insurance or insufficient insurance.
The minimum required uninsured motorist coverage in South Carolina is:
- $25,000 per person for bodily injury
- $50,000 per accident for all persons injured
- $25,000 for property damage (typically with a $200 deductible)
Many people purchase higher limits of UM coverage. If you have liability coverage of $100,000/$300,000, you may have chosen to purchase matching UM coverage. Check your policy declarations page to see what limits you carry.
When Uninsured Motorist Coverage Applies
Uninsured motorist coverage applies when the at-fault driver has no insurance at all, when their insurance company denies coverage or becomes insolvent, or when you’re hit in a hit-and-run accident and the driver is never identified. For hit-and-run accidents, South Carolina law has specific requirements, including reporting the accident to police within a reasonable time and meeting certain proof requirements.
When you’re hit by an uninsured driver, you’ll file a claim with your own insurance company under your uninsured motorist coverage. Your insurer will investigate just as they would for any claim, but here’s what many people don’t realize: even though you’re filing with your own insurance company, they may fight your claim. Insurance companies are businesses focused on minimizing payouts, and they may argue the other driver wasn’t at fault, that your injuries aren’t serious, or that you share some blame. This is why having an attorney matters from the start.
Underinsured Motorist Coverage is Different
Under S.C. Code Ann. § 38-77-160, insurance companies must also offer underinsured motorist (UIM) coverage. This covers you when the at-fault driver has some insurance, but not enough to cover your damages. For example, if the at-fault driver has only the minimum $25,000 in coverage but your medical bills and lost wages total $75,000, your UIM coverage can help make up the difference.
Why You Need an Attorney for Uninsured Motorist Claims
Many people think they don’t need a lawyer because they’re dealing with their own insurance company. This is a costly mistake.
Your Insurance Company Will Minimize Your Claim
Your insurance company will use the same strategies to minimize your claim that they would use if you were the other party. They may offer a quick, low settlement, hoping you’ll take it, question the severity of your injuries, argue that some of your treatment wasn’t necessary, or rush you to settle before you know the full extent of your injuries. They’ll also try to assign partial fault to reduce their payout. Don’t give a recorded statement to any insurance company without talking to an experienced Columbia car accident attorney first.
South Carolina’s Comparative Negligence Rule Matters
South Carolina uses a modified comparative negligence rule with a 50% bar. If you’re found to be less than 51% at fault, you can still recover compensation, but it will be reduced by your percentage of fault. If you’re 51% or more at fault, you cannot recover anything.
Here’s why this matters: if your damages total $100,000 but the insurance company argues you were 30% at fault, they’ll only pay $70,000. Insurance companies know this rule and will look for any way to shift some blame onto you. An attorney knows how to defend against these arguments and protect your right to fair compensation.
You Need Someone Who Knows the Value of Your Claim
Without legal guidance, you have no way to know if a settlement offer is fair. Your claim should include compensation for all past and future medical expenses, lost wages and lost earning capacity, property damage, pain and suffering, loss of enjoyment of life, and permanent disability or disfigurement. Insurance companies bank on you not knowing what your claim is truly worth.
With 30 years of experience in personal injury law, McCravy, Newlon, & Clardy has negotiated countless uninsured motorist claims. As experienced Columbia car accident lawyers, we know what arguments work, what evidence insurance companies respect, and when to push back on unreasonable positions.
Don’t face your insurance company alone. Call us for a free consultation.
The Statute of Limitations and Why Timing Matters
In South Carolina, you generally have three years from the date of the accident to file a lawsuit under S.C. Code Section 15-3-530. However, your insurance policy may contain shorter deadlines for notifying your insurer or filing a claim under your UM coverage.
Don’t wait. Evidence disappears, witnesses forget details, and injuries can be harder to connect to the accident as time passes. The sooner you contact a Columbia car accident attorney, the better your chances of a successful claim.
What Compensation You Can Recover
When you file an uninsured motorist claim, you can recover compensation for the same types of damages you would receive if the at-fault driver had insurance, up to your policy limits.
Economic damages include medical expenses, lost wages, lost earning capacity, and property damage. Non-economic damages compensate you for pain and suffering, mental anguish, loss of enjoyment of life, permanent scarring or disfigurement, and loss of consortium for your spouse.
The amount you can recover depends on your policy limits. If you have $100,000 in UM coverage, that’s the maximum your insurance company will pay, even if your damages exceed that amount.
How McCravy, Newlon, & Clardy Can Help
For 30 years, McCravy, Newlon, & Clardy has served South Carolina families with ethical, principled legal representation. Ethics and professional integrity are at the core of everything we do. We believe in doing right by our clients, giving honest advice, and handling every case with the professionalism you deserve. As experienced Columbia car accident lawyers, we’ve handled uninsured motorist claims throughout the state, and we know how to hold insurance companies accountable when they try to deny fair compensation to their own policyholders.
We work on a contingency fee basis, which means no fee unless we win. You don’t pay us anything unless we recover compensation for you. Your consultation is completely free, and there’s no obligation to hire us.
Frequently Asked Questions About Uninsured Driver Accidents
What if the uninsured driver who hit me has no money?
This is exactly why uninsured motorist coverage exists. Even if the at-fault driver has no assets or income, you can still recover compensation through your own UM coverage. You’re not trying to collect from the uninsured driver personally. You’re making a claim under insurance coverage you’ve paid for.
What if I were partially at fault for the accident?
South Carolina uses a modified comparative negligence rule with a 50% bar. If you’re found to be less than 51% at fault, you can still recover compensation, but it will be reduced by your percentage of fault. If you’re 51% or more at fault, you cannot recover anything. This makes it critical to have an attorney who knows how to defend against claims that you share significant fault. We build cases that anticipate and counter these arguments.
What if the uninsured driver left the scene (hit-and-run)?
Hit-and-run accidents are covered under uninsured motorist provisions, but South Carolina law has specific requirements. You must report the accident to the police within a reasonable time. You also must meet one of the following conditions: physical contact with the unknown vehicle, an independent witness who can provide a sworn statement, or a recording of the accident. An experienced Columbia car accident attorney can help you meet these requirements and file a successful claim.
How much does it cost to hire a lawyer for an uninsured motorist claim?
At McCravy, Newlon, & Clardy, we work on a contingency fee basis. This means no fee unless we win. You don’t pay us anything unless we recover compensation for you. Your consultation is completely free. There’s no financial risk to having us review your case and advise you on your options.
What if my uninsured motorist coverage isn’t enough to cover my damages?
If your damages exceed your UM policy limits, you may have limited options. This is why we always recommend purchasing UM coverage that matches your liability limits. If you have multiple vehicles on your policy, you may be able to “stack” coverage in some situations. An experienced Columbia car accident attorney can evaluate whether stacking or other options might be available.
Don’t Wait to Protect Your Rights
Being hit by an uninsured driver doesn’t mean you’re out of options, but it does mean you need to act quickly and strategically. Insurance companies know most people don’t understand uninsured motorist coverage or how to protect their rights. They count on this to pay less than the claims are worth.
McCravy, Newlon, & Clardy have spent 30 years building a reputation for ethical, professional representation of injured South Carolinians. Our commitment to integrity means we give you honest assessments, straightforward advice, and principled representation. As experienced Columbia car accident lawyers, we know what it takes to hold insurance companies accountable and recover fair compensation for our clients.
Your consultation is free. You don’t pay us unless we win. And with seven offices across South Carolina, we’re accessible no matter where you are in the state. Don’t let an uninsured driver leave you shouldering the financial burden of an accident that wasn’t your fault. Contact McCravy, Newlon, & Clardy today.