Wyndham Law Firm Blog

What Happens if the Other Driver Does Not Have Insurance?

Auto insurance is a requirement for drivers in South Carolina. However, not everyone has it. Statistics show that South Carolina’s uninsured driver rate is 10.3%, so it is possible that you could be involved in a car accident with someone who does not have insurance.

When this happens, you may not know what to do. It is important to understand the do’s and don’ts of dealing with an uninsured driver. Here is what you need to know.

Do Call the Police Immediately

A police report is critical for documenting fault, injuries, and the fact that the other driver is uninsured. This report strengthens any uninsured motorist claim you file.

Do Gather Evidence at the Scene

Take photos of both vehicles, the crash location, damage, road conditions, and any injuries. Collect witness names and contact information. The more evidence you have, the smoother your claim will be.

Do Exchange Information

Get the driver’s name, address, license number, and vehicle details. Lack of insurance does not excuse them from identifying themselves.

Do Notify Your Insurance Company Promptly

Insurance policies often require quick notice for uninsured motorist claims. Early reporting helps prevent claim delays or denials.

Do Seek Medical Attention

Even if injuries feel minor, get evaluated. Medical records help document your injuries and protect your health.

Do Review Your Own Coverage

Check whether you have:

These coverages often fill the gap when the other driver cannot pay.

Do Consider Speaking With a Car Accident Attorney

An attorney can help you pursue UM benefits, negotiate claims, and take legal action against the uninsured driver.

Do Not Accept Cash at the Scene

Uninsured drivers sometimes offer money to avoid trouble. Accepting cash is risky and may jeopardize your claim.

Do Not Argue With the Other Driver

Stay calm and avoid confrontation. Let the police and insurance handle fault and liability.

Do Not Skip Calling the Police

If you leave without reporting, you could lose crucial documentation needed for a claim.

Do Not Admit Fault or Apologize

Even polite apologies may be misinterpreted as accepting responsibility. Stick to the facts when speaking with the police.

Do Not Delay Medical Care

Waiting days to seek treatment can weaken your claim and create doubt about the cause of your injuries.

Do Not Give Up

Many drivers believe they have no options if the at-fault driver is uninsured. In reality, if you have uninsured motorist insurance, you should be protected.

Contact Us Today

Car accidents are tricky enough under normal circumstances. They can be even more complex when a driver lacks necessary insurance.

If you have been in a crash, the Charleston car accident lawyers from Wyndham Law Firm, LLC, can assist you. We will ensure you get fairly compensated for your losses because of another party’s negligence and support you throughout this challenging time. To schedule a consultation, contact us via (843) 279-5312 or online here.