Hit by a Driver With No Insurance? How Uninsured and Underinsured Motorist Claims in South Carolina Can Help

KEY TAKEAWAYS:

South Carolina requires every driver to carry liability and uninsured motorist coverage, but the at-fault driver's lack of insurance does not mean you are without options. Your own uninsured or underinsured motorist coverage can step in to pay for injuries and property damage that the other driver's insurance cannot cover. A car accident lawyer at The Farmer Law Firm can help you understand which coverage applies to your crash and how to pursue it.

You check your mirrors, pull over, and wait for the other driver to hand you an insurance card that never comes. In South Carolina, that scenario plays out more often than most people expect after a car accident. 

Fortunately, it does not mean you are out of options if the driver was negligent. At The Farmer Law Firm, our experienced Charleston County car accident lawyer can help you sort out what happens next when an uninsured driver in South Carolina who caused the crash cannot pay you the compensation you deserve for your injuries.

What Is Uninsured Motorist Coverage in South Carolina?

South Carolina is one of the few states that does not allow drivers to opt out of uninsured motorist (UM) coverage. Under South Carolina Code Section 38-77-150, every auto insurance policy sold in the state must include uninsured coverage that matches the state's minimum liability limits. These coverages are:

• $25,000 for bodily injury to one person per accident
• $50,000 for bodily injury to two or more people per accident
• $25,000 in property damage 

According to the South Carolina Department of Insurance, this coverage pays for your injuries and vehicle damage if you are hit by an uninsured driver or by a hit-and-run driver who cannot be identified. There is typically a $200 deductible on the property damage portion.

What Is Underinsured Motorist Coverage?

Underinsured motorist (UMI) coverage picks up where UM coverage stops. It applies when the at-fault driver has an insurance policy, but the policy limits are too low to cover the full extent of your losses. 

South Carolina does not automatically include UIM coverage on every policy. However, insurers are required to offer it, up to the same limits as your own liability coverage. Because many drivers carry only the state minimum, their insurance is not sufficient to cover a victim’s injuries in a serious crash. UMI coverage can fill this gap. 

How Does Each Type of Coverage Pay for Your Injuries?

UM and UIM coverage step in for different reasons, and each one pays out on a different timeline.

How Uninsured Motorist Coverage Pays

If the at-fault, uninsured driver has no insurance at all or fled the scene before you got their information, your UM coverage pays directly for your losses, up to your policy limits. Depending on your coverage, it can pay for:

• Medical bills related to the crash
• Lost wages while you recover
• Pain and suffering and other non-economic losses
• Vehicle repairs or a replacement vehicle, minus your deductible

There is no other insurer to collect from first, so a UM claim can move directly against your own policy once the other driver's lack of insurance is confirmed.

How Underinsured Motorist Coverage Pays

UIM coverage works differently. Because the at-fault driver does carry some insurance, you generally must pursue and exhaust the maximum amount available under that driver's liability policy before your own UIM coverage applies. 

Once you have settled with, or obtained a judgment against, the negligent driver up to their policy limits, your UIM coverage can pay the difference between what their insurer paid and your actual damages, up to your own UIM limits. This sequencing matters, since settling with the at-fault driver's insurer without your own insurer's consent can affect your right to pursue UIM benefits. It is crucial to consult your insurer and our car accident attorney before settling your car accident claim or signing any release.

This applies across the board, whether you were hurt in a front-end collision, a side-impact collision, or as a motorcyclist or pedestrian struck by a driver with no insurance or too little of it.

How Does Filing Uninsured and Underinsured Motorist Claims Work in South Carolina?

Because these claims are filed against your own insurer rather than the at-fault driver's, the process typically involves:

• Reporting the crash and documenting the accident and the other driver's insurance status
• Notifying your own insurer of a potential UM or UIM claim as soon as possible
• Providing medical records, repair estimates, and proof of the other driver's coverage
• Negotiating with your insurer, which may dispute your claim's value much as an at-fault insurer would

If you own more than one vehicle or carry more than one auto policy, you may also be able to stack UM or UIM coverage for higher available limits under South Carolina's specific stacking rules. Our personal injury lawyer can review your policies to determine whether stacking applies to your situation.

Can I Sue an Uninsured Driver in South Carolina?

Yes, technically. South Carolina law does not prevent you from filing a lawsuit against an uninsured driver directly. In practice, a driver without insurance often lacks the assets to pay a judgment.

This is why a UM or UIM claim against your own insurer is usually the more direct path to compensation. In crashes that end in a fatality, families may still need to pursue a wrongful death claim against the driver in addition to a UM claim to recover fully.

Do I Need a Car Accident Lawyer for an Uninsured or Underinsured Motorist Claim?

You are not required to hire a lawyer to file a UM or UIM claim, but these claims are rarely as simple as they sound. Your own insurance company, even though it is supposed to be on your side, still has a financial incentive to limit what it pays out. In addition, UIM claims add an extra layer of timing and consent issues with the at-fault driver's insurer. 

At the Farmer Law Firm, our skilled car accident lawyer will handle your case from your first appointment to the resolution of your claim and provide you with the individualized focus you need during this challenging time. He can help confirm which insurance coverage applies, manage that sequencing, file your claims, and fight back when an insurer—including your own insurance company—undervalues your claim. We offer a free consultation to review your policy and explain your options, and we do not charge a fee unless we recover compensation for you.