What Happens If the Other Driver Doesn’t Have Insurance?
If the other driver doesn’t have insurance, your own policy pays. Every auto policy issued in South Carolina must carry uninsured motorist (UM) coverage. Hence, a crash with an uninsured or hit-and-run driver becomes a claim against your own insurer. Hughes Law Group handles those claims alongside its Columbia car accident matters, and the process differs from an ordinary liability claim.
Can You Waive Uninsured Motorist Coverage in South Carolina?
No, you cannot waive it. South Carolina is one of the few states where uninsured motorist coverage rides along with every liability policy, so it is there even if nobody explained it. Underinsured motorist (UIM) coverage differs, since insurers must offer it, but you can decline.
What Do The Minimum Limits Actually Pay?
The uninsured motorist floor matches required liability limits under S.C. Code Section 38-77-150. A policy at that floor pays out like this:
- $25,000 for bodily injury to one person in a crash
- $50,000 for total bodily injury when two or more are hurt
- $25,000 for damage to your vehicle and other property
- A $200 deductible that the insurer may apply to property damage
Once the pleadings are served, your uninsured motorist insurer has 30 days to appear and defend the case in the uninsured driver’s name. Your carrier becomes the opposing party, which changes how every conversation with that adjuster should go.
What To Do At The Scene Of a Columbia Crash
What you do during the first hour can shape an uninsured motorist claim. Start with these steps:
- Call the Columbia Police Department or the Richland County Sheriff’s Department for a report number
- Photograph the license plate, the vehicle identification number, and any insurance card
- Collect contact details from a witness not riding with you
- See your doctor the same day, or at Prisma Health Richland or MUSC Health Columbia
Notice to your own insurer follows right behind. Most policies require prompt notice of the claim, and a late report gives the carrier an argument it shouldn’t have.
Where Uninsured Driver Cases Get Filed Around Columbia
Richland County wrecks go to the Richland County Court of Common Pleas, and Lexington County wrecks go to the Lexington County court. Smaller property damage disputes go to the magistrate’s court instead, which moves faster and costs less but limits the amount at stake.
Can You Still Recover If The At-Fault Driver Has Nothing?
In many cases, yes. Liability may extend to the driver’s employer, a bar that continued serving alcohol, or a vehicle owner who gave the keys to an unsafe driver. Multiple household policies may also provide coverage, so review each policy and listed vehicle.
Let Your Own Policy Do The Work
An uninsured motorist claim may put you opposite the insurer that collected your premiums and the lawyers defending its interests. Hughes Law Group limits its caseload to give each matter focused attention, and consultations are free. Call (803) 704-1004 or contact the firm online to discuss your claim.