Although it’s illegal, some uninsured drivers remain behind the wheel in South Carolina. You have no way to know who has the legally required liability insurance until it’s too late and you’ve been involved in an accident.
You may still have options if you are involved in an accident with an uninsured or underinsured driver in South Carolina. Contact a personal injury attorney for assistance.
Car Insurance Basics
Liability insurance is typically what people think of as car insurance—if you are at fault for an accident and another driver is injured, your liability insurance covers the claim.
Uninsured motorist (UM) covers your damages when you are injured by an uninsured driver. UM coverage is mandatory in South Carolina. If you have car insurance, check your policy because UM coverage should be included.
Underinsured motorist (UIM) coverage is not mandatory under South Carolina law. However, the law requires your insurance company to offer you UIM coverage when you purchase an auto policy. In some cases, insurance companies that fail to make a meaningful offer of UIM coverage may be required to cover damages that a UIM policy would have covered, even though you didn’t purchase that policy.
UIM covers damages that exceed the liability coverage limits on the other driver’s policy. If the policy only covers the minimum amount of damages required by state law, it could fall well short of covering all your losses, particularly if your injuries are very serious.
Although UIM coverage isn’t legally required, it’s a good idea to have it if you want to avoid the risk of paying out-of-pocket for severe damages that exceed another driver’s liability limits.
Know Your Options
First, you need to figure out whether the other driver is covered and what their policy rules and limits are. If they’re uninsured or underinsured, you can then file a claim against your own UM or UIM policy.
If you don’t have UIM coverage, remember that it’s possible to have your policy reformed after an accident if your insurance company didn’t comply with the law when you purchased your policy. Consult an attorney for assistance if you are seeking compensation for serious injuries caused by an uninsured or underinsured motorist.
Call (864)345-8529 to request your consultation with one of the King Law personal injury attorneys.