Auto accidents are common, and drivers are regularly injured and in need of help. While the law in South Carolina requires all drivers to be insured, not everyone follows the rules. If you are injured by a driver who does not have insurance or whose insurance is not enough to cover your damages, you can speak to an attorney about other possible legal actions.
After a car accident where the at-fault driver is uninsured or underinsured, you might have the option of turning to your own insurance provider for help. South Carolina requires all drivers to carry uninsured motorist coverage in addition to standard liability coverage. Meanwhile, underinsured motorist coverage is available but optional. If neither of these options works for you, an attorney can help you file an injury lawsuit against the at-fault driver. Depending on your insurance situation, this might be the best or possibly only way to get fair compensation for your damages.
For a free evaluation of your case and claims, call our South Carolina car accident lawyers with Burriss Ridgeway Injury Lawyers at (803) 451-4000.
What Happens After a Car Accident When a Driver is Uninsured in South Carolina?
Car accidents, serious and minor, happen all the time. Drivers are required by law to carry insurance to ease the financial strain that accidents may cause, but not everyone does so. In South Carolina, injured drivers must file third-party claims with the other driver’s insurance and prove to their insurance company that the other driver is at fault. If the other driver is uninsured, this kind of claim is impossible to file. So, what happens next?
Your first step is to determine whether the at-fault driver is uninsured. Did their coverage lapse? Did they know they lacked insurance? Maybe they refused to provide you with their information so you could file a claim. It may be a good idea to contact an attorney. People often do not use lawyers when filing insurance claims, but having a lawyer may make the process much easier. If our Columbia, SC car accident lawyers can confirm that the other driver is indeed uninsured, we can begin examining other legal options to get you compensation. One option is to file a claim with your own uninsured motorist coverage.
Uninsured motorist coverage is mandatory in South Carolina. Drivers must carry uninsured motorist coverage that covers the same amount of damages as liability coverage. Your policy should cover no less than $25,000 per person for bodily injuries, $50,000 for bodily injuries for all people injured in the entire accident, and $25,000 in property damage. Remember, this is the minimum coverage required for uninsured motorist policies. Your specific policy might cover more, depending on the terms and conditions.
What if A Driver Does Not Have Enough Insurance After an Accident in South Carolina?
In some cases, negligent drivers have auto insurance as required by law, but their insurance policies might not provide the relief necessary for the other injured driver. This is a common problem when negligent drivers have the bare minimum coverage. While the driver is not uninsured, they are considered underinsured, and getting all your damages covered can be very difficult. Remember, being underinsured can be a problem, but it is not illegal.
If this sounds similar to your situation, you might have other insurance options to help you. You might be able to file a claim with your underinsured motorist coverage if you have any. This kind of policy is not mandatory in South Carolina, but you may choose to purchase it. Doing so can help you if gaps exist in the at-fault driver’s insurance. If you have underinsured motorist coverage, check with your lawyer about the extent of your coverage to see if you are fully covered.
Auto insurance providers in South Carolina are legally required to offer this coverage even though it is optional. If you do not have underinsured motorist coverage, your lawyer can help you figure out what to do about your unpaid damages and expenses.
What to Do if an At-Fault Driver is Uninsured or Underinsured in South Carolina
If the other driver in a car accident is uninsured or underinsured, you should get help from an attorney. You might be able to file an injury lawsuit against the at-fault driver. However, if you accept an insurance settlement from the other driver’s insurance company, but the settlement is insufficient, you might be unable to sue. Generally, once you accept an insurance settlement, you may not pursue other legal action against the other driver. However, you may reject the settlement and file a lawsuit instead. Before accepting or rejecting anything, talk to your attorney.
On the other hand, even if the settlement is not enough to cover all your damages, you might be able to make up the difference by filing a claim with your underinsured motorist policy. Again, your attorney can review your situation and advise you on the best course of action.
If you sue the other driver, your damages are not limited to the terms of an insurance policy. This may be crucial in cases where the at-fault driver has insurance, but it is not enough to cover all the plaintiff’s damages. It might also be important in cases where injuries and damages are severe, and you need significant compensation to make up for what you have lost.
Act quickly, as you have a limited time to file a civil case. According to the statute of limitation under S.C. Code Ann. § 15-3-530(5), plaintiffs have only 3 years from the date of the accident to file a civil case for damages. The clock typically starts ticking on the day of the accident, and your time might already be dwindling.
Speak to our South Carolina Car Accident Attorneys if You Were in an Accident with an Uninsured Driver
For a free evaluation of your case and claims, call our Orangeburg, SC car accident lawyers with Burriss Ridgeway Injury Lawyers at (803) 451-4000.
