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What Happens if I Am in a Car Accident with an Uninsured Driver in Mt. Pleasant?

Getting into a car accident is stressful under any circumstances, but when the at-fault driver doesn’t have insurance, things can become even more complicated. Unfortunately, uninsured drivers are still a reality in South Carolina, including right here in Mt. Pleasant. 

If you’re involved in a crash with someone who lacks coverage, you may wonder how your medical bills and vehicle damage will be paid. The good news is that you still have legal options.

Does South Carolina Require Auto Insurance?

Yes. South Carolina law requires all drivers to carry minimum liability coverage. Drivers must also carry uninsured motorist (UM) coverage, which is built into every auto insurance policy issued in the state. This type of coverage is designed to protect you if you’re hit by someone who doesn’t have liability insurance.

What Does Uninsured Motorist Coverage Pay For?

Uninsured motorist coverage can cover your:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

If the at-fault driver is uninsured, your own UM policy essentially steps into their shoes to compensate you. It’s important to note that your coverage limits must be at least equal to the state’s minimum liability requirements. However, higher limits may be available depending on your specific policy.

Can I Still Sue the Uninsured Driver?

Technically, yes—you can sue an uninsured driver for damages. However, in many cases, it’s not practical. People who don’t carry insurance often don’t have sufficient assets to pay a judgment. Even if you win a lawsuit, collecting the money could be a challenge. This is why using your uninsured motorist coverage is often the more effective path to recovery.

What if the Uninsured Driver Was at Fault?

Fault still matters. South Carolina follows a modified comparative negligence rule, which means your compensation can be reduced if you’re partially responsible for the crash. If you’re found to be 50% or more at fault, you may not recover damages at all. Even when filing a claim through your own UM coverage, your insurance company may still try to argue that you were partly to blame to reduce your payout.

This is why having a car accident lawyer is crucial, especially when dealing with your own insurer.

Should I Notify My Insurance Company Right Away?

Yes. After any accident, it’s essential to notify your insurance company as soon as possible, particularly if the other driver is uninsured. Failing to report the accident in a timely manner could jeopardize your ability to file a UM claim. Provide the facts, but avoid making detailed statements or accepting blame before speaking with a lawyer.

Do I Need a Lawyer for a UM Claim?

Uninsured motorist claims may seem straightforward, but insurers don’t always act in good faith. They may delay payment, dispute fault, or undervalue your claim. A personal injury lawyer can handle communication with the insurance company, gather evidence to support your case, and help you seek the full compensation you deserve.

In Mt. Pleasant and throughout Charleston County, local knowledge matters. An attorney familiar with area roads, traffic patterns, and regional court procedures can make a difference in your case.

What if I Were a Passenger or Pedestrian?

UM coverage can also apply if you were injured as a pedestrian or passenger, depending on the policies available. If you don’t own a vehicle or have your own policy, you may be covered under the policy of a relative you live with or the driver of the vehicle you were in. A lawyer can help determine which policy applies.

Injured by an Uninsured Driver? Contact the Mt. Pleasant Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

At Rogers, Patrick, Westbrook & Brickman LLC, we understand how overwhelming it is to deal with the aftermath of a crash, especially when the other driver has no insurance. Our experienced Mt. Pleasant car accident lawyers can review your case, explain your options, and fight for the compensation you need to move forward. Call 843-727-6500 or contact us online for a free consultation. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients across the state.

How can we help? Fill out the form for a free case review.

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