In some states, not complying with insurance mandates blocks victims from filing lawsuits against the negligent drivers that injure them. Even in places that don’t have these rules, being uninsured as a car accident victim could complicate your case.
Fortunately for victims, South Carolina does not have “no pay, no play” laws. These rules restrict lawsuits for uninsured victims, but not in South Carolina. The state lets victims file lawsuits for compensation whether or not they have insurance. Furthermore, South Carolina doesn’t stop victims from suing uninsured drivers. Cases with uninsured motorists might face complexities, but our lawyers can help victims address claim damages anyway.
For a free assessment of your case from Burriss Ridgeway Injury Lawyers, call our Columbia, SC car accident attorneys at (803) 451-4000.
What Are “No Pay, No Play Laws,” and Does South Carolina Have Them?
“No pay, no play” laws prevent uninsured motorists from suing at-fault drivers for accidents. Under these rules, a victim’s failure to secure mandatory insurance coverage means they don’t get to file a lawsuit to recover damages after a crash. Some states are less strict, merely limiting victims’ recoveries when they are uninsured instead of blocking suits entirely.
There aren’t many states that have no pay, no pay laws, and South Carolina isn’t one of them. This means victims aren’t blocked from filing lawsuits just because they don’t have auto insurance. That said, there are other consequences to not having required car insurance, like facing fines, license suspension, and possibly even jail time.
If officers ask you for your insurance, you can admit you don’t have any, but do not accept fault for the accident. Not having car insurance does not mean a victim was negligent or contributed to their crash. However, apologizing for collisions or their lack of insurance could be misconstrued as accepting liability. South Carolina is a modified comparative fault state, lowering damages for victims who contribute to their accidents.
In addition to not having any no pay, no play laws, South Carolina is a fault state for car accidents. Opposed to no-fault states, which often require victims to pass serious injury thresholds to sue, South Carolina allows victims to file lawsuits against negligent drivers, regardless of the severity of their injuries or damages. This means you can sue with or without insurance for serious or mild injuries alike.
Can Victims Sue Drivers Who Don’t Have Car Insurance in South Carolina?
South Carolina doesn’t have ‘no pay, no play laws,’ nor does it prevent victims from suing uninsured drivers. When the at-fault driver does not have liability insurance, there’s no policy to file a claim against, leaving a lawsuit as the best way to seek compensation for all damages from the crash.
If you have insurance but the negligent driver doesn’t, some of your coverages might help. First-party coverage pays for your own injuries, plus uninsured or underinsured motorist coverage can help pay for what the other driver can’t afford.
If the at-fault driver does not have insurance, they might try to prevent you from calling the police. Some uninsured motorists even flee crash sites. According to § 56-5-1270, police reporting is mandatory for any crash involving bodily injury, death, or more than $1,000 in property damage. Not only is this required, but it can help you get important information if the at-fault driver refuses to give you their name and contact info. Officers might also be able to help locate uninsured drivers who leave the scene, so do not hesitate to call 911 after any crash.
Navigating Car Accident Claims Involving Uninsured Motorists in South Carolina
Car accident cases are often complicated enough, but there might be more hurdles to overcome if either the victim or the negligent party is uninsured.
While being concerned about possible penalties for not having insurance is normal, those would be separate from your civil case and should not stop you from suing for your medical bills, lost wages, and pain and suffering. Delaying your lawsuit could mean missing the filing deadline, which is three years from the accident, according to § 15-3-530.
Taking time to track down uninsured motorists could also make it hard to file your case within the statute of limitations. Our Cayce, SC car accident attorneys can review security camera footage from nearby businesses and homes, interview eyewitnesses, and use other tactics to help identify hit-and-run drivers. This includes cooperating with law enforcement, as fleeing the scene of an accident is illegal in South Carolina.
While having insurance or not might affect the details of coverage, it will not affect your eligibility to actually file a lawsuit.
Proving Damages for Uninsured Victims After Car Accidents in South Carolina
Not having insurance won’t stop you from filing a car accident lawsuit. It also won’t limit your recovery in a lawsuit. However, you still have to track your damages. Otherwise, you cannot prove they exist.
When our lawyers file lawsuits, we make requests for relief. We base those requests on medical bills, lost wages, and other damages victims incur. To support relief requests, we need to give copies of medical bills and proof of lost wages. Recent paychecks can prove your previous income, and experts can confirm your injuries stop you from working.
We can also use experts to prove victims’ non-economic damages. Mental health experts who assess victims can testify about their impressions in court. Victims can also testify to explain how their quality of life has decreased since an accident.
We will also factor future damages into calculations. Some car accident injuries are long-lasting, requiring months or years of treatment. Medical experts can testify about necessary future care, so the lawsuit covers its cost.
We need proof of your damages for settlement negotiations and a trial, if it comes to that.
Call Our Lawyers to Discuss Your Recent Accident in South Carolina
Call our South Carolina car accident attorneys at Burriss Ridgeway Injury Lawyers now at (803) 451-4000 for a free case discussion.
