If you’re in a car accident with an uninsured motorist in South Carolina, call the police.
Document the accident scene with photographs. Seek immediate medical attention if you are injured. Report the accident to your insurance. Investigate uninsured motorist coverage and ways to maximize your compensation. You may have a lawyer represent you.
Jordan Law Center’s Greenville Car Accident Lawyer explains the steps to take after an uninsured motorist accident.
Immediate Steps to Take After a Car Accident with an Uninsured Motorist
When an accident with an uninsured motorist occurs:
Call the police
Driving without insurance is a misdemeanor. Law enforcement should document that the person didn’t have insurance and issue a ticket.
The person will face a fine, license suspension, jail time, and reinstatement fees. In addition, the police can preserve evidence relating to the cause and severity of the accident. They can identify witnesses.
Note: If law enforcement doesn’t investigate the accident, complete and submit a Traffic Collision Report within 15 days.
Seek medical attention
Arrange for medical care for anyone who may be hurt. Follow medical care instructions.
Document the accident scene
Take photos of the accident scene, including damage to vehicles. Get names and contact information for witnesses. Get the vehicle plate and registration information. Evaluate the accident scene, including traffic present, weather, signs and roadside fixtures, traffic control devices, and other factors that may be important.
Get a copy of the accident report
The police should create an accident report for the accident. Get a copy of the report when it becomes available. You can request the report through the SCDMV online, by mail or at a SCDMV office.
Report to insurance
Tell your insurance company that you were in an accident and that the other driver was uninsured. Most insurance companies allow you to start the claims process online. Give the basic details of when and where the accident occurred.
Determine damages
Compensation for a car accident is based on damages. Economic damages are direct financial losses like medical bills, vehicle damage, lost income, and other financial losses. Non-economic damages are intangible losses like pain and suffering, mental anguish, and lifestyle disruption.
Investigate insurance coverage
When you’re in an accident with an uninsured motorist, your own insurance may cover damages. Investigate the insurance coverage that you have, policy limits, and ways to maximize your compensation.
Evaluate the case
Evaluate the entire case. Are there third parties that may be at fault? Were you on the job at the time of the accident? Consider all issues that may be important to your claim.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is a type of insurance. It replaces liability coverage when the other driver doesn’t have the required insurance.
When UM coverage applies, your own insurer pays you directly, instead of the at-fault driver’s insurance.
Filing a Claim Through Your Own Insurance
South Carolina requires vehicle owners to purchase car accident insurance. This insurance must cover:
- Driver at fault – bodily injury – $25,000 per person
- Driver at fault – bodily injury – $50,000 total per accident
- Driver at fault – property damage – $25,000 total per accident
- Uninsured motorist at fault – at least the minimums for at fault, may purchase more
Not all states require drivers to purchase uninsured motorist coverage. South Carolina requires it. Drivers may elect to have higher coverage limits than the minimum required.
South Carolina does not require drivers to have underinsured coverage, but you may elect it.
Stacking coverage
If your uninsured policy limits aren’t enough to cover damages, stacking coverage may help.
South Carolina law allows the use of multiple uninsured motorist policies to increase payout limits. For example, if each spouse has a policy, and uninsured coverage applies per person, per vehicle, they may be able to double the amount payable. Generally, you must be a Class 1 insured, which includes the named insured, their resident spouse, and resident relatives.
Other sources of compensation
In addition to uninsured coverage, there may be other ways to collect compensation. The at-fault driver will be personally liable. But usually, if someone doesn’t have insurance, they don’t have a way to pay compensation directly. There may be other responsible parties, depending on the cause and circumstances of the accident.
How a South Carolina Uninsured Motorist Accident Attorney Can Help
An uninsured motorist accident attorney can help you:
- Report the accident
- Investigate insurance policy coverages and limits
- Determine if you can stack coverage
- Prove fault and which insurance coverages apply
- Investigate other possible sources of compensation
- Value your claim, document damages
- Negotiate your compensation
An attorney can help you with all aspects of your case, including things that may be especially important when there is an accident with an uninsured motorist.
Contact
Have you been in an accident with an uninsured motorist? Jordan Law Center represents accident victims. Contact us for your consultation and get legal help today.
“There is not enough GREAT THINGS I could say about Jordan Law Center.”