What Happens If an Uninsured Driver Hits You?

You’ve been hit, and the driver is uninsured. What happens now? How can an experienced car accident lawyer help?

What Happens If an Uninsured Driver Hits You in South Carolina?

In South Carolina, if an uninsured driver hits you, the driver may be personally liable through their own assets. In addition, you may look to your own uninsured motorist coverage. South Carolina law requires minimum uninsured motorist coverage. You may recover up to the total amount of your damages and up to your uninsured motorist policy limits. A deductible may apply.

Hit by an uninsured driver in South Carolina

In South Carolina, an uninsured motor vehicle is one that meets the following criteria:

Vehicle does not have bodily injury liability and property liability insurance as required by law.
Coverage is successfully denied by the insurer.
The insurer is insolvent, delinquent, or otherwise unable to fully pay.
The insurer is without bond or deposit in lieu of coverage.
The owner is not a qualified self-insurer.
The owner or operator is unknown.
Operation occurs without proper authorization.

Steps To Take Immediately After an Accident with an Uninsured Driver

Call the police

If an accident occurs with an uninsured driver, call the police immediately. The other driver may beg you not to. However, you need the accident documented for your own insurance and to have an official record of what happened. The police can verify that the other driver doesn’t have insurance, can investigate the accident, and record critical evidence.

Get driver information

Even if the other driver says they don’t have insurance, you still need their contact information.

Get their driver’s license number, vehicle license number, and physical address. Ask them for their phone number.

Seek medical attention

If you have injuries, seek medical attention right away. Medical care can rule out more serious injuries, begin your healing, and document injuries.

Document the scene

Do what you can to document the accident scene. This can be done through photographs and getting witness information. Take photos of everything—damage to vehicles, debris, the position of vehicles, road conditions, and the scene in all directions.

Report the accident to your insurance

Tell your insurer about the accident, and make the report as soon as possible. You don’t want the insurance company to question a delay in reporting. If the other driver accuses you of being at fault for the accident, making a timely report of the crash can help you. You’ll also need to make a report to access your Med Pay coverage and uninsured policy benefits.

Don’t accept money

The other driver may offer you money. They may say that it resolves your case, or it may be along with a request to not call the police.

Don’t accept it, regardless of the amount.

Use Med Pay benefits

In South Carolina, you have the option to elect medical payment coverage with your car insurance. This is commonly known as MedPay or personal injury protection. MedPay can pay for your medical bills. MedPay is no fault, so you shouldn’t have a lengthy process to prove that the other party was at fault or uninsured.

What to do next

There are additional steps to take following an accident with an uninsured driver. You may have a lawyer assist you through the process and in claiming compensation.

The Role of a Lawyer in an Uninsured Driver Accident Case

Ultimately, the role of a lawyer in an uninsured driver accident case is to help the victim get the compensation they deserve. To optimize damages, the lawyer may take the following steps.

Investigate parties with potential fault

In South Carolina, a party who is responsible for an accident is liable to pay compensation. The driver isn’t the only party that may be liable. The vehicle owner may be a different person or party. They may be liable through their personal assets. There may be a claim based on a road condition or a vehicle defect. A lawyer can investigate all possibilities to make a third-party claim.

Determine if it’s worth it to sue the uninsured driver

When a driver doesn’t have insurance, they’re personally liable to pay a claim. It may be worth it to make a claim against the uninsured driver. You must evaluate their assets and what will be needed to pursue the case. A lawyer can give you an honest evaluation based on their training and experience.

Claiming against your own uninsured policy

It isn’t always easy to receive compensation from your own uninsured policy. The insurance company may try to minimize your damages, so it’s important to identify the amount that you deserve and negotiate your compensation.

Even though it’s your insurance policy, the insurance company isn’t on your side. A lawyer represents your interests and understands the compensation you can receive. They can determine if your damages are valued fairly and build the proof to pursue your claim.

Build proof of fault

It’s important not to overlook proof of fault when the other driver is uninsured. To bring a claim directly against the driver or any other responsible party, you must prove that party is liable for the accident.

Your own insurance company may try to reduce compensation paid through your uninsured policy by attributing fault to you. Your lawyer’s role is to build proof of fault and make your case.

Filing a Lawsuit Against an Uninsured Driver

You have the option to file a lawsuit against an uninsured driver. Whether to pursue a claim and how to pursue it depends on several factors. There is a limited amount of time to pursue a case, so it’s always best to contact a lawyer as soon as possible.

If I make an uninsured driver claim, will the insurance company cancel my policy?

South Carolina law prohibits an insurer from failing to renew a policy because of an uninsured motorist claim where the uninsured motorist is known, or there is evidence of physical contact.