What if I get hit by a driver who does not have any insurance?

Being involved in an auto accident is an unpleasant experience, but finding out that the other driver is uninsured adds an extra layer of stress. South Carolina law requires all drivers to carry auto insurance, but unfortunately, some drivers fail to comply. If you find yourself in such a situation, it’s essential to understand your rights and the legal recourse available. The experienced personal injury attorneys at Proffitt & Cox, LLP are here to guide you through this challenging ordeal.

Understanding Uninsured Motorist Coverage in South Carolina

South Carolina law requires every auto insurance policy to include uninsured motorist coverage (UM). This coverage protects you in the event of an accident with an uninsured driver. It covers bodily injuries to you and your passengers and damage to your vehicle up to the policy limits.

While South Carolina law requires all auto insurance policies to include Uninsured Motorist coverage, it doesn’t specify a set amount for the UM coverage limit. Every policy issued in South Carolina must contain underinsured coverage at least equal to the state’s minimum liability limits.

The state’s minimum liability coverage limits are as follows:

  • $25,000 for bodily injury or death per person
  • $50,000 total for bodily injury or death per accident
  • $25,000 for property damage

Thus, the minimum UM coverage typically offered by insurance companies aligns with these amounts. However, policyholders have the option to purchase higher limits of UM coverage, and most people purchase uninsured coverage limits equal to their own liability coverage limits.

Steps to Take Following an Accident with an Uninsured Driver

Immediately after the accident, call the police to report the incident and get medical help if needed. The police will create an official report documenting the details of the accident, which can be valuable evidence for your claim.

Exchange information with the other driver, noting their name, contact details, and license plate number. Even if they don’t have insurance, this information is vital for your claim process.

Next, contact your insurance company to report the accident and start the claim process. Be mindful of the timelines stipulated in your policy to avoid compromising your claim.

Your Rights and Legal Options

As a victim of an accident involving an uninsured driver in South Carolina, you have the right to compensation from your UM coverage. You may claim for medical bills, lost wages, and pain and suffering.

If your damages exceed your UM coverage, you might consider filing a lawsuit directly against the at-fault driver. However, collecting a judgment from an uninsured driver can be difficult and is not always successful.

The Role of a Personal Injury Attorney

Navigating an auto accident claim, especially with an uninsured driver, can be complex and overwhelming. An experienced personal injury attorney can provide valuable assistance in this process, ensuring you understand your rights, the available legal options, and helping you maximize your recovery.

At Proffitt & Cox, LLP, our personal injury attorneys have extensive experience representing accident victims across Columbia, the Midlands, and throughout South Carolina. We work meticulously to investigate the circumstances surrounding your accident and negotiate with insurance companies to get you the fair compensation you deserve. If necessary, we are prepared to take your case to court to achieve the best outcome.

If you’ve been involved in an auto accident with an uninsured driver, don’t navigate these complicated waters alone. Contact Proffitt & Cox, LLP today for a free consultation, and let our seasoned attorneys help you get back on track.

Find a South Carolina Auto Accident Attorney

If you suffered an injury from a serious auto accident, you may be facing significant medical bills. You may also be struggling to pay for your expenses because of an inability to work while you recover from your injuries. However, help is available to those who suffered injuries due to the negligence of others as well as for the families of fatal accident victims.

For years, our Columbia injury lawyers have worked on behalf of the people of South Carolina to gain them compensation for their motor vehicle accident injuries. We may be able to provide personal and effective legal support for you as well. Call the attorneys at Proffitt & Cox, LLP today at 803-834-7097 for a free consultation. You can also call the firm toll free at (877) 276-0533 or by filling out the contact form on our site.


Confidential Free Consultations; No Attorneys Fees Unless You Receive Compensation
We understand that when an injury occurs, people are concerned about medical expenses, lost income, and compensation for their pain and suffering and other damages. We can answer these questions, and more importantly, we can put our experience to work immediately toward helping victims of careless or wrongful conduct obtain prompt and appropriate compensation.

We offer free initial consultations for all injury cases. We handle injury cases on a contingency fee basis which means that our fees are a percentage of what we recover for you. You will not owe us any attorney’s fees in such cases unless we are successful in obtaining compensation on your behalf.

Our South Carolina accident attorneys have recovered over $30 million in verdicts and settlements for our clients. These claims involved automobile accidents, trucking accidents, harmful prescription drugs, medical malpractice, product liability, slip and fall accidents and class action cases. Review our representative cases to see some of our past successes and review our client testimonials to see what some of our clients have to say about us.

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