Being struck by a driver who then flees the scene is one of the most frustrating experiences you can face. You’re hurt, shaken, and the person responsible is gone. You might not have a license plate number, a name, or any way to identify who did this to you. It can feel hopeless.
It’s not. South Carolina’s hit-and-run laws impose serious penalties on drivers who leave the scene, and you have legal options to pursue compensation even if the other driver is never found. Our Greenville car accident lawyer explains what you need to know about your rights.
What South Carolina Law Says about Hit-and-Run Accidents
South Carolina takes hit-and-run offenses seriously. Under South Carolina Code § 56-5-1210, any driver involved in an accident causing injury or death must immediately stop, provide identification, and render reasonable assistance to the injured person.
Leaving the scene of an accident involving injury is a felony in South Carolina. Penalties include:
– Up to 10 years in prison if the accident caused great bodily injury.
– Up to 25 years in prison if the accident caused death.
– Fines, license suspension, and a permanent criminal record.
Even for property-damage-only accidents, South Carolina Code § 56-5-1220 requires drivers to stop and exchange information. Leaving the scene of a property damage accident is a misdemeanor.
These criminal penalties exist to hold fleeing drivers accountable. But criminal charges don’t automatically put money in your pocket for medical bills and lost wages. That requires a separate civil claim.
What To Do After a Hit-and-Run Accident
If you’ve been involved in a hit-and-run in SC, take these steps to protect yourself and your legal rights.
- Call 911 immediately. Report the accident and request medical attention if needed. A police report is critical to your case.
- Document everything you remember. The vehicle’s color, make, model, license plate (even a partial number), direction of travel, and any distinguishing features.
- Look for witnesses. Anyone who saw the accident may have information you missed. Get their names and phone numbers.
- Check for surveillance cameras. Nearby businesses, traffic cameras, and doorbell cameras may have captured footage of the accident or the fleeing vehicle.
- Seek medical attention the same day. Even if you feel fine, some injuries take hours or days to show symptoms. A gap in treatment gives insurance companies a reason to deny your claim.
- Contact your own insurance company. Your uninsured motorist coverage (more on this below) may be your primary path to compensation.
Don’t wait to take action. Evidence disappears quickly after a hit-and-run accident. The sooner you act, the stronger your case.
Injured in a hit-and-run? Call Jordan Law Center at 864-808-1810 for a free consultation. You don’t pay us anything unless we recover compensation for you.
How Uninsured Motorist Coverage Protects You
Here’s what many individuals don’t realize: South Carolina requires all auto insurance policies to include uninsured motorist (UM) coverage unless the policyholder specifically rejects it in writing.
This is important because in a hit-and-run accident, the fleeing driver is treated as an uninsured motorist under your policy. That means your own UM coverage can pay for:
– Medical bills and future treatment
– Lost wages and reduced earning capacity
– Pain and suffering
– Property damage
Your insurance company isn’t on your side in this process. They’ll look for ways to minimize what they pay, question the severity of your injuries, and push for a low settlement. Having an attorney handle your UM claim can make a significant difference in the outcome.
How Police Investigate Hit-and-Run Cases in South Carolina
After you file a report, law enforcement will investigate using the information you and any witnesses provide. Common investigative tools include:
– Reviewing traffic camera and surveillance footage
– Canvassing the area for witnesses
– Checking body shops for vehicles matching the description
– Running partial license plate numbers through databases
– Analyzing paint transfer or debris left at the scene
Some hit-and-run drivers are identified within days. Others take weeks or months. And unfortunately, some are never found. That’s why your UM coverage and a strong legal strategy matter so much.
Even if the driver is identified later, they may not have insurance or assets to cover your damages. Your UM claim often remains your best path to fair compensation regardless.
Statute of Limitations for Hit-and-Run Claims in South Carolina
South Carolina gives you three years from the date of the accident to file a personal injury lawsuit. This applies whether you’re suing the identified hit-and-run driver or pursuing a UM claim against your own insurance company.
Three years may sound like plenty of time, but it goes faster than you’d expect. Evidence fades, witnesses move, and memories become less reliable. Starting the legal process early gives your attorneys the best chance to build a strong case.
If you miss the three-year deadline, you lose your right to file a claim entirely. Don’t let that happen.
How an attorney can help after a hit-and-run
A hit-and-run accident adds layers of complexity that a typical car accident claim doesn’t have. You may be dealing with an unidentified driver, a UM insurance claim against your own company, and a police investigation all at the same time.
Our attorneys at Jordan Law Center can help by:
– Conducting an independent investigation to identify the fleeing driver
– Working with law enforcement to gather evidence
– Handling your UM claim and negotiating with your insurance company
– Calculating the full value of your damages (not just what insurance offers)
– Filing a lawsuit if the driver is identified and insurance doesn’t cover your losses
South Carolina’s modified comparative negligence rule states that if you’re found to be 51% or more at fault, you cannot recover anything. Insurance companies may try to shift blame onto you, even in a hit-and-run. We know how to fight back against these tactics.
We don’t just pursue justice. We obtain it.
Call Jordan Law Center at 864-808-1810 for a free consultation. We work on a contingency fee basis, which means no fee unless we win your case.
Frequently asked questions about hit-and-run accidents in South Carolina
Can I still receive compensation if the hit-and-run driver is never found?
Yes. Your uninsured motorist coverage can pay for your medical bills, lost wages, and pain and suffering, even if the other driver is never identified. An attorney can help you maximize your UM claim.
What if the hit-and-run driver is found but doesn’t have insurance?
Your UM coverage still applies. You can also file a civil lawsuit against the driver personally, though collecting from an uninsured individual can be difficult. Your attorney can advise on the best strategy.
How much does it cost to hire a lawyer for a hit-and-run case?
Jordan Law Center works on a contingency fee basis. You pay nothing up front, and we only receive payment if we recover compensation for you. Your consultation is completely free.
Should I accept my insurance company’s first offer?
Probably not. Initial offers from insurance companies (even your own) are often far lower than what your case is worth. Let an attorney review the offer before you accept. Once you sign, you cannot go back.
Receive help from Jordan Law Center today
A hit-and-run accident can leave you feeling powerless. You were hurt by someone who didn’t even have the decency to stop. But you have rights under South Carolina hit-and-run laws, and you have options to pursue the compensation you’re owed.
Our attorneys at Jordan Law Center are ready to fight for you. We’re dedicated, hands-on, and confident in our ability to obtain justice for injured clients throughout South Carolina.
Contact us at 864-808-1810 today for a free consultation. We’re here to help.
“There is not enough GREAT THINGS I could say about Jordan Law Center.”