Being involved in a car accident is a stressful and scary experience under any circumstances. But if you are hit by an uninsured driver in South Carolina, the aftermath can feel especially overwhelming and confusing. How will you get compensated for your damages and injuries if the at-fault driver does not have insurance? What are your legal rights and options in this scenario?
At McCravy, Newlon, Sturkie & Clardy, our experienced Spartanburg car accident attorneys in South Carolina have helped many clients deal with the challenging process of pursuing compensation after being hit by an uninsured motorist in South Carolina. Here, we will provide clear guidance on what to do if an uninsured driver hits you and how to protect your right to financial recovery.
Immediate Steps to Take After Being Hit by An Uninsured Driver
The actions you take in the minutes, hours, and days following a crash with an uninsured driver can have a big impact on the strength of your injury claim down the road. Here’s what to do if you are hit by an uninsured driver in South Carolina:
- Call 911 and report the accident: If you or anyone else has been injured, request an ambulance. South Carolina law requires you to report any accident that causes injury, death, or property damage to the police. When the police arrive, clearly explain what happened. Make sure the police file an official accident report before you leave the scene. You will need this report when making an uninsured motorist claim with your own insurance company.
- Document the scene: If you are able, take photos of the damage to both vehicles, your visible injuries, debris on the road, skid marks, and anything else that helps show what occurred. Get the contact and vehicle information of the at-fault driver along with statements from any witnesses. While the police should collect this information, it is wise to document it yourself as well in case the at-fault driver flees the scene.
- Seek medical attention: It is crucial to get checked out by a doctor as soon as possible. Promptly getting medical care ensures your injuries are diagnosed and treated while also creating important documentation linking your injuries to the wreck. Follow your doctor’s treatment plan closely.
- Notify your insurance company: As soon as you are able, report the accident to your own auto insurance company. Let them know you were hit by a driver who appears to be uninsured. Provide them with a copy of the police report and any other documentation you have. Be honest but stick to the basic facts of what happened, as insurance adjusters may try to use your statements against you later. Do not give a recorded statement until you have consulted with an attorney first.
- Contact an experienced car accident lawyer: Uninsured motorist accident claims can be very complicated with a lot of potential legal and practical obstacles that can arise. Consulting with a knowledgeable Spartanburg car accident attorney early in the process can make a huge difference in the outcome of your case.
The Role of Uninsured Motorist Coverage In South Carolina
Although it is illegal to drive without auto insurance in South Carolina, an estimated 1 in every 10 drivers on the road is uninsured, according to the Insurance Information Institute. Given this disturbing reality, it is important for South Carolina drivers to understand the role that uninsured motorist (UM) coverage can play after a crash with an uninsured driver. UM coverage is an optional type of car insurance that you can purchase as part of your auto insurance policy.
So, what happens if you are hit by an uninsured driver? If you are in an accident caused by a driver who does not have insurance, you can file a claim with your own insurance company to compensate you for medical bills, lost wages, pain and suffering, vehicle damage, and other losses up to the limits of your UM policy. Essentially, your UM coverage stands in for the liability insurance the at-fault driver should have had.
In South Carolina, insurance companies are required to offer UM coverage with limits equal to your standard liability coverage, though you can choose to reject this coverage in writing.
Do keep in mind, however, that your insurance company may still look for reasons to minimize your payout or deny your UM claim, even though you are their customer. They may argue that you were partially at fault for the accident or that your injuries are not as severe as you claim, for example. An experienced Spartanburg car accident lawyer can vigorously advocate for your rights and make sure the insurance company treats you fairly during the process.
Other Potential Sources of Compensation After an Uninsured Motorist Crash
While uninsured motorist coverage is the most common way for crash victims to seek compensation after being hit by an uninsured driver in South Carolina, there may be some other options to explore as well, such as:
- Your collision coverage and/or MedPay coverage
- A personal injury lawsuit directly against the at-fault driver (though collecting payment is often difficult if they are uninsured)
- A third-party liability claim against another individual/entity that contributed to the crash, such as a vehicle manufacturer, the at-fault driver’s employer, the bar that overserved a drunk driver, etc.
A skilled car accident lawyer in Spartanburg can identify all possible avenues for recovering compensation based on the specific circumstances of your case. Even if the driver who hit you did not have insurance, you may still have a path forward.
Get Help From a South Carolina Uninsured Motorist Accident Lawyer
We hope this article has given you a basic understanding of what to do if you are hit by an uninsured driver in South Carolina. However, every accident is unique, and determining the best path forward for your case will require a personalized analysis.
If an uninsured driver has hit you, the attorneys at McCravy, Newlon, Sturkie & Clardy are here to help. We know how stressful and frustrating this situation can be, and we are committed to aggressively pursuing the full and fair compensation you deserve through every potential source.
Call us today for a consultation about your legal rights and options. We look forward to putting our skills and experience to work for you.