Getting into any accident raises questions for a victim. When an accident involves at least one driver with not enough or no insurance, this makes a serious situation all the more complex. When you’re trying to recover from an accident with an uninsured or underinsured motorist, an attorney is an excellent resource.
As soon as possible after your collision with an uninsured motorist, contact a Charleston car accident lawyer at Trey Harrell Auto Accident and Personal Injury Attorney for a personalized consultation.
Car Insurance Requirements In South Carolina
In South Carolina, drivers are required to comply with specific car insurance requirements when operating and driving a vehicle. Unfortunately, as many accident victims have discovered, it is possible to wind up dealing with significant consequences from a crash due to another party’s negligent actions. If this driver also did not have appropriate levels of insurance or no insurance at all, this leaves the victim with many different questions regarding their legal rights.
In South Carolina, each driver has to maintain at least $25,000 in property damage liability vehicle coverage, $50,000 in bodily injury death per accident coverage, and $25,000 in bodily injury or death per person coverage.
Although driving while uninsured in South Carolina is against the law, too many drivers take on this risk every single day. You may be stuck self-paying for many of your injuries in an accident with an uninsured or underinsured driver if you do not have additional coverage on your own insurance policy.
How Do Uninsured Motorist Claims Work In South Carolina?
If you have recently been involved in a serious vehicle accident in South Carolina, you may discover that your damages and personal Injury costs rack up quickly. You may begin to receive medical bills for thousands of dollars and these debts may follow you for years to come if you don’t have an avenue to recover compensation.
South Carolina law protects personal injury victims who have been harmed in vehicle accidents or other incidents in which someone else may be responsible for their injuries. If you have been struck by a hit-and-run driver or an uninsured or underinsured driver, you may need to pursue compensation with your own insurance policy, which means that you may not be fully compensated for your losses.
Although the minimums for South Carolina coverage may seem relatively high, the associated bills with a serious personal injury accident can extend much further. Staying in the hospital for a few days can lead to tens of thousands of dollars in charges. Without a knowledgeable attorney to help you recover compensation through every avenue available to you, you may be facing a significant amount of stress.
Can You Sue an Uninsured Motorist?
If you get into an accident with an at-fault person who did not have enough insurance or any insurance, you still likely have the legal right to pursue them in court. If someone was not carrying enough insurance on their vehicle or even meeting the state-required minimums for car insurance, there is a very low chance that they have assets to be able to pay out your claim. This is why many drivers must instead turn to their own policies.
If an uninsured driver caused an accident, you may be entitled to many different types of compensation, such as previous medical bills, future medical costs, lost earning capacity, lost wages, mental anguish, and other losses.
For every loss you sustain in an accident caused by another party who breached their duty of care to you, monetary damages may be sought.
What should I do at the scene with an uninsured or underinsured motorist?
Contact the authorities and get medical personnel to the scene as quickly as possible to evaluate whether or not you have suffered serious injuries. This can be an important first step toward receiving a diagnosis. If you get into an accident with anyone, you also need to share your insurance information. This may be the first time that you realize that the other party does not have appropriate insurance.
They may be hesitant to share their insurance details with you or may even try to leave the scene of the accident to avoid complying and sharing these important insurance policy facts. However, the police coming to the scene may assist you with this.
The police may also issue a fine for the uninsured person so that they don’t continue to drive without insurance. However, this still leaves you with a quandary of how to pay your medical bills and deal with your injuries caused by this party.
In most cases, the state of South Carolina makes it mandatory to have the same minimum amounts in uninsured motorist coverage for your vehicle as typical car insurance.
Underinsured coverage, however, is optional. UIM insurance is there to pay for additional coverage if your damage exceeds the limits on the other driver’s policy. Working with a qualified attorney is one of the best ways to help you recover the compensation you deserve.
How Can a Car Accident Attorney Help?
It is very challenging to pursue compensation on your own in an uninsured or underinsured motorist claim. Underinsured and uninsured motorists’ car insurance claims are evaluated very carefully because insurance companies want to pay out as little as possible.
You will be responsible for proving several different elements in your claim including that the other motorist was at fault and that it was their recklessness or negligence that caused the accident. In other cases, adjusters may argue that it was your fault and that the insurance company is not responsible for offering any support.
If your own vehicle insurance company denies your claim or tries to unfairly limit your compensation, you need to retain a qualified attorney as soon as possible. It may be your only opportunity to fight for maximum and fair compensation.
Working with an attorney who understands the common pitfalls of communicating with your insurance carrier and the strategies used by these insurance companies to minimize their payout is very valuable. You may be extremely busy dealing with the fallout from your claim and don’t want to have to worry about the additional stress of trying to get compensation.
Contact Our Charleston Law Office After a Crash With an Uninsured Motorist
Speak to a Charleston uninsured motorist accident lawyer right away at Trey Harrell Auto Accident and Personal Injury Attorney to get support for opening your legal claim. Reach out to us to schedule your consultation.