The Driver That Caused My Accident Was Uninsured; Will I Still Be Compensated?

Car accidents can be stressful. Your vehicle might be severely damaged and need repairs. You may be injured or in a lot of pain. Then there are the logistics of dealing with the insurance company, possible time off work, medical bills, and other issues.

Handling a car accident can be tricky, especially if the driver who caused the accident did not have insurance. Auto insurance is required in 49 of the 50 states (New Hampshire is the only exception). Under South Carolina law, motorists are required to purchase both liability and uninsured motorist coverage to drive in the state.

However, that does not stop some people from driving without insurance. The rate of uninsured motorists is roughly 10% in South Carolina, which is low, considering that some states have rates of 20% or higher.

So while being involved in an accident with a driver who is uninsured can be frustrating, the state’s mandatory uninsured motorist coverage will help you if this situation occurs.

South Carolina law requires drivers to carry uninsured motorist coverage equal to the minimum amounts of liability coverage (25/50/25). This coverage protects you, the policyholder, directly. This insurance typically covers injuries or property damage caused by hit-and-run or uninsured drivers. If you have this coverage, it can help pay for:

● Medical expenses.

● Lost income.

● Pain and suffering.

This coverage acts as a safety net built into South Carolina auto insurance policies. However, keep in mind that not everything is covered. Property damage is not automatically included, unless you have Uninsured Motorist Property Damage (UMPD). But the good news is that in South Carolina, UMPD is included by default, unless you reject it in writing.

Filing a Claim

You will file the claim with your own auto insurance provider, not the at-fault driver’s. You should be prepared to give them the police report, photos of the damage, and any witness statements. Once the insurance company has the basic information, it will create a claim.

However, it is not always as simple as that. Insurance companies are in the business of making money, so they are not necessarily excited to give you any money. They will not make things easy. Even your own insurer may question your injuries and offer less than what your case is worth.

Filing a Lawsuit

You can sue the driver who caused the crash. You would have to name the uninsured driver in a lawsuit, not the insurance company. A judgment can then be collected against the uninsured driver.

However, filing a lawsuit often does not make sense. If a driver cannot afford insurance, they likely cannot afford a judgment either.

Contact Us Today

Dealing with an uninsured motorist can be frustrating. Fortunately, if you have the minimum state-required insurance coverage, you should still be adequately compensated for your injuries and other damages.

The Charleston car accident lawyers from Wyndham Law Firm, LLC, are here to support you during this challenging time. We can help you explore your options for recovering compensation. Contact us via (843) 279-5312 or online here to schedule a consultation.