Person with hands on the wheel of a truck


Duncan and Nobles LLC May 4, 2022

Almost all states require motorists to carry at least a minimum amount of liability insurance coverage. However, there are numerous drivers who drive without any insurance or do not buy enough coverage, despite it being against the law.

Unfortunately, a collision with an uninsured or underinsured motorist is not an uncommon scenario. When it happens, you might wonder, “What are my next steps? What should I do if I was hit by an uninsured/underinsured driver?

In the eyes of the law, victims of accidents involving uninsured and underinsured motorists have the same rights to financial compensation as anyone else. However, seeking compensation for your losses and damages caused by a driver who does not have enough insurance or is uninsured can be complicated.

Consider contacting a knowledgeable car accident attorney to protect your rights and strive for the compensation you deserve. At Duncan and Nobles LLC, we assist accident victims in Rock Hill, South Carolina, and throughout Lancaster and Chester counties. Our attorneys will review your unique situation and advise you on your options for compensation if you were hit by an uninsured or underinsured driver.

At-Fault Insurance
Law in South Carolina

When a car crash occurs, the insurance of the at-fault motorist typically pays for the losses and damages incurred by the victim. However, things can get more complicated when the at-fault motorist is not insured or does not have sufficient insurance coverage.

Like many other states, South Carolina follows the fault-based system when it comes to drivers’ financial responsibility for losses and damages incurred by others. It means that the driver who is at fault for causing the crash will be held liable for any costs incurred by the victims.

In addition to the at-fault insurance law in South Carolina, the state also follows the modified comparative negligence rule, which enables accident victims to recover damages even if they were partially at fault for the crash.

Required Insurance
Coverage in South Carolina

South Carolina requires all motorists to drive with auto insurance coverage that meets the following minimums:

  • Bodily injury coverage. Drivers in South Carolina must purchase car insurance coverage with at least $25,000 for bodily injury per person and $50,000 for bodily injury per accident. The at-fault driver’s bodily injury coverage pays for damages incurred by the injured party.

  • Property damage coverage. South Carolina law requires motorists to carry no less than $25,000 in property damage coverage. This type of coverage would cover the cost of repairs for the victim’s vehicle.

While auto insurance is mandatory in South Carolina, many drivers do not have sufficient coverage to fully compensate the victim or have no insurance at all. If your accident involves an uninsured or underinsured motorist, consider contacting an experienced attorney to help you explore your options for compensation.

Uninsured or Underinsured Motorist Provision

South Carolina law also requires drivers to carry uninsured motorist coverage that matches the minimum amounts of liability coverage. The coverage pays for a driver’s medical expenses if the motorist is hit by an uninsured or underinsured motorist.

What to Do if You Were Hit by an Uninsured/Underinsured Motorist

Being involved in an automobile collision can be stressful and nerve-wracking. However, the situation becomes even more frustrating when the other driver is not insured or does not have enough insurance coverage to pay for your medical bills and other damages. That is why an accident with an uninsured and underinsured motorist may require you to take certain steps to protect your right to compensation:

  1. Contact the police and report your accident. If you are hit by an uninsured or underinsured motorist, the driver may try to dissuade you from calling the police. Do not listen to them. A police report is a crucial piece of evidence in any car accident, especially when the collision involves an uninsured or underinsured driver.

  2. Write down the details about the accident, including when and where the collision occurred, as well as the license plate, color, make, and model of the other vehicle.

  3. Collect evidence at the scene. Take photos showing the extent of vehicle damage, weather and road conditions, your injuries, and other relevant details.

  4. Seek medical attention. It is essential to see a doctor following the collision to document your injuries and begin the necessary treatment in a timely manner. Get medical care even if you feel fine because some injuries are not apparent immediately.

  5. Notify your insurance company. Failure to contact your insurance company and report your collision within a reasonable amount of time could entail a denial of your claim for financial compensation.

  6. Consult with an experienced attorney. Before you begin to pursue compensation for your losses and damages resulting from being hit by an uninsured or underinsured motorist, you might want to speak with a knowledgeable personal injury attorney. An attorney will advise you on your compensation options and help you handle the claims process on your behalf. 

Seek legal guidance from our attorneys at Duncan and Nobles LLC to determine all available sources of compensation in your specific case.

Get the Legal Guidance You Need

Our skilled attorneys at Duncan and Nobles LLC have a deep understanding of car accident laws in South Carolina. We have the necessary expertise and resources to help you pursue the compensation to which you are entitled if you were hit by an uninsured or underinsured motorist in Rock Hill, South Carolina, or elsewhere in Lancaster and Chester counties. Schedule a case evaluation with our attorneys to understand your options for receiving compensation.