What Happens If an Uninsured Driver Causes a North Charleston Car Accident?

If the driver who caused your North Charleston car accident does not have applicable liability insurance, you may still have a claim through uninsured motorist coverage. South Carolina requires automobile policies issued in the state to include UM coverage, subject to policy terms and state law.

These claims can feel confusing because the injured person may be seeking benefits from an insurer connected to their own household or vehicle while still having to prove that another driver caused the collision and the claimed losses.

What Is an Uninsured Motorist?

An uninsured motorist generally includes a driver or vehicle without the required applicable liability coverage. South Carolina law also treats an unknown owner or operator as uninsured for purposes of qualifying claims, subject to special hit-and-run requirements.

An uninsured motorist is different from an underinsured motorist. An underinsured driver has liability insurance, but the available limits may not be enough to cover the injured person's damages. UIM coverage is not the same as UM coverage and depends on what coverage was purchased or otherwise applies.

How Do You Find Out Whether the Other Driver Really Has Insurance?

Insurance status is not always clear at the scene. A driver may show an insurance card for a policy that has lapsed, may be driving someone else's vehicle, or may be covered under a policy that is not immediately identified.

Before treating the driver as uninsured, relevant coverage may need to be investigated through:

• The vehicle owner's policy.
• The driver's personal policy.
• An employer's commercial policy if the driver was working.
• Rideshare or delivery coverage when applicable.
• Other policies connected to the vehicle or driver.

If no applicable liability coverage exists, UM coverage can become a central issue.

Which Uninsured Motorist Policy Applies?

The policy covering the vehicle occupied in the crash is an obvious place to begin, but it may not be the only policy that matters. Depending on South Carolina law and the policy language, coverage associated with the injured person or resident relatives may also need review.

Questions can include who qualifies as an insured, which vehicle was involved, whether multiple policies or vehicles exist, and whether any coverage can be stacked. Coverage analysis should be based on the actual policy documents rather than assumptions.

What If the Uninsured Driver Leaves the Scene?

Unknown-driver claims have additional requirements. South Carolina law requires the accident to be reported to an appropriate police authority within a reasonable time. Current law also requires qualifying evidence such as physical contact, an independent witness who can verify the accident through the statutory process, or a recording showing that the unknown vehicle caused the injury or damage. The insured must also satisfy other statutory conditions and must also not have been negligent in failing to identify the other driver and vehicle at the time of the crash.

See the firm's North Charleston hit-and-run accident guide for more detail.

Does Your Insurance Company Have to Accept Your Version of the Crash?

No. A UM claim remains a disputed claim if the insurer disagrees about liability, injuries, causation, medical treatment, or damages. The insured may also have duties under the policy, such as providing timely notice and cooperating with a reasonable investigation.

Preserve all policy documents and communications with the insurer. Do not assume that a claim number means coverage or damages have been accepted.

What Evidence Can Support the Claim?

Useful evidence includes:

• The police collision report.
• Photos and video of the scene and vehicles.
• Witness statements.
• Dash-camera or surveillance footage.
• Medical records and bills.
• Employment records documenting lost income.
• Insurance policies and declarations pages.
• Coverage letters and claim correspondence.

When liability is disputed, evidence from the crash scene may be just as important in a UM claim as it would be in a claim against another driver's insurer.

What Other Coverage May Help?

Depending on the policies involved, collision coverage may help with vehicle damage and medical payments coverage may help with eligible medical expenses. Health insurance may also pay medical bills subject to its terms and any reimbursement rights.

Derrick Law Firm Injury Lawyers has additional educational resources about uninsured drivers and choosing automobile insurance coverage.

Discuss an Uninsured Driver Accident in North Charleston

An uninsured driver does not necessarily mean an injured person has no insurance claim. Derrick Law Firm Injury Lawyers can review the collision, insurance policies, medical documentation, and other evidence and explain which coverage may apply.