Finding out the driver who hit you has no insurance can feel like the worst possible news on top of an already stressful situation. However, in South Carolina, it does not mean you are out of options. You may not realize it, but your own insurance policy likely already covers this exact situation.
South Carolina requires Uninsured Motorist Coverage
South Carolina law requires every auto insurance policy to include uninsured motorist coverage. This means that if the driver who hit you has no insurance, you can file a claim under your own policy to recover your losses. Under South Carolina law, your insurer is prohibited from applying an at-fault premium surcharge if you were not responsible for the wreck, meaning that filing a claim should not automatically trigger a fault-based rate increase.
What Uninsured Motorist Coverage actually pays for
Your Uninsured Motorist Coverage can pay for your medical bills, your lost wages, your pain and suffering and other damages caused by the uninsured driver. It steps in to cover what the at-fault driver cannot pay up to your policy limits. However, South Carolina law applies a mandatory $200 deductible for property damage claims under this coverage.
What if the other driver has some insurance, but not enough?
If the driver who hit you carries insurance but the coverage they have falls short of your actual losses, you may also have Underinsured Motorist Coverage on your own policy. South Carolina requires insurers to offer this coverage, and it fills the gap between what the other driver’s policy pays and what you actually lost.
Understanding South Carolina’s time limits for filing a claim
South Carolina gives you three years from the date of your accident to file a claim. Missing that deadline can permanently bar your right to recover, no matter how clear the other driver’s fault may be.
Speaking with an experienced lawyer as soon as possible can help you understand your options, deal with the insurance company on your behalf, and help ensure you receive the full compensation you deserve.
