If the world were perfect, all drivers would have adequate auto insurance. In South Carolina, the law requires motor vehicle owners and operators to have sufficient insurance. Unfortunately, according to findings by the Insurance Information Institute, 10.9% of drivers in South Carolina are uninsured.
When you get injured in an accident with an uninsured driver, you can turn to your uninsured motorist coverage. On the other hand, there’s a chance that your losses may exceed the limits of your uninsured motorist coverage. If you need further assistance you should speak with a Charleston car accident lawyer.
What Is an Uninsured Motorist Insurance Policy?
Uninsured motorist insurance is coverage that you can use to protect yourself if you get into an accident with an uninsured motorist. All South Carolina drivers are required to have minimum limits of uninsured motorist coverage amounting to $50,000 for bodily injury per accident and $25,000 per person. These limits are also the same limits for mandatory liability insurance.
How Uninsured Motorist Claims Work
Broadly speaking, uninsured motorist claims progress similarly to standard auto insurance claims, except that the injured victims are filing claims against their own insurance carrier. Your insurer would compensate you even if the uninsured driver was liable for the accident. However, your insurer will only pay if you’re able to provide sufficient proof of liability. Furthermore, if you can’t come to a fair settlement agreement with your insurer, you don’t have a right to sue your insurer.
Depending on certain circumstances, an uninsured driver’s employer might be vicariously or indirectly liable for the accident as well. But for a vicarious liability claim to work, you must clearly show that the driver was working for the employer when the accident occurred. So make sure to work with a lawyer who has experience handling uninsured motorist claims to determine the best legal options specific to your case.
Talk to an Experienced Charleston Accident Attorney Today
If you or a loved one has been hurt in an accident with an uninsured driver, the team at Bringardner Injury Law Firm can help. We can evaluate all the recovery options that may apply to your claim to ensure that you receive proper compensation for your damages. Call 843-380-5299 or contact us online to schedule a free review of your claim with our experienced Charleston accident attorney.
Uninsured Accident FAQs
Who pays for damages in an uninsured driver accident?
It depends. You can either use your underinsured (not required in S.C.) or uninsured (required) motorist coverage, personal injury protection coverage (if you have one), or file a personal injury claim against the driver or the driver’s employer.
Do you need a lawyer after an uninsured driver accident?
It’s best to seek legal advice from an experienced lawyer to find out how and from whom you can recover compensation for your injuries.
How much is my claim worth?
Your claim’s value will mainly depend on the seriousness of your injuries and how much it has affected or will affect your life in the future if you developed long-term or permanent complications.