No Insurance, No Problem? What Happens If An Uninsured Driver Hits You In South Carolina
You did everything right. You signaled, you checked your mirrors, you followed the speed limit. Then someone with zero insurance plows into you anyway. Does that mean you are simply out of luck, stuck paying your own medical bills because the other driver skipped a legal requirement? Not necessarily, and understanding why comes down to a coverage most South Carolina drivers already have without realizing how much it matters.
South Carolina Requires Uninsured Motorist Coverage, and You Cannot Turn It Down
Here is something that might surprise you. Under South Carolina Code Section 38-77-150, every auto insurance policy issued in the state must include uninsured motorist coverage. Unlike many optional add-ons, this one is baked in by law, matching the state’s minimum liability limits of 25,000 dollars per person and 50,000 dollars per accident, as set out in Section 38-77-140. In plain terms, if an uninsured driver hits you, your own insurance company generally becomes the party responsible for covering your losses, up to your policy’s limits.
Why This Coverage Actually Gets Used More Than You Would Think
This is not some obscure protection that rarely comes into play. According to data compiled by the Insurance Information Institute, roughly one in eight South Carolina drivers carries no insurance at all. That means every time you get on the road, there is a real, statistically meaningful chance the driver next to you could not pay a dime if they caused a wreck. Uninsured motorist coverage exists specifically to fill that gap, and it also applies to hit and run accidents, where the at fault driver flees before ever being identified.
What This Process Actually Looks Like
Filing an uninsured motorist claim is not quite the same as a standard claim against another driver’s insurer, since you are technically making a claim against your own policy. A few things tend to matter throughout this process:
- Reporting the accident to police right away, since a police report becomes essential documentation, particularly in hit and run situations
- Notifying your own insurance company promptly to open the claim
- Understanding that if you eventually file a lawsuit against the uninsured driver, South Carolina law requires you to also formally serve your own uninsured motorist insurer with the pleadings
- Recognizing that your insurer, once served, has the right to appear and defend the case in the uninsured driver’s name
That last point often catches people off guard. Even though you are ultimately seeking money from your own policy, your insurer effectively steps into the shoes of the uninsured driver for purposes of contesting the claim, which means they have every incentive to argue your damages down.
Why Your Own Insurance Company Is Not Automatically on Your Side Here
It feels strange to think of your own insurer as an adversary, but once an uninsured motorist claim is filed, that is essentially the dynamic. The company that has been collecting your premiums for years now has a financial interest in minimizing what they pay out. Adjusters may downplay your injuries, question whether your treatment was necessary, or offer a quick settlement before the true extent of your damages becomes clear.
Talk to an Attorney About Your Uninsured Motorist Claim
If an uninsured driver hit you in South Carolina, do not assume you have no options simply because the other driver had no coverage. Our Columbia car accident attorneys at The Stanley Law Group have spent decades helping injury victims navigate uninsured motorist claims throughout South Carolina. Contact us today to discuss your case.
Source:
scstatehouse.gov/code/t38c077.php