What Happens If An Uninsured Driver Causes The Crash? | 5.18.2018

It’s simply not fair. You pay for your car insurance each month. You hope you never need to actually file a claim, but you pay your premiums and keep your vehicle insured for the “just in case” moments in life.

But now you are having to deal with getting hit by another driver who didn’t have insurance. So now what happens? Who pays because someone else wasn’t following the law and wasn’t carrying car insurance?

Understanding insurance law in South Carolina

All South Carolina drivers are required by law to carry two types of insurance: liability and uninsured motorist coverage.

Here is a breakdown of what needs to be included in your insurance plan to legally drive in the state:

  • Bodily injury liability: This provides protection against claims by others hurt in a car accident. The minimum for a driver to carry is $25,000 per person/$50,000 for all people hurt in an accident. This money can go toward things like medical expenses tied to the crash, pain and suffering and lost wages as a result of the accident and injuries.
  • Property damage liability: In South Carolina, you have to carry a minimum of $25,000 to cover the cost of damage. This damage includes not only damage to an actual vehicle, but also any other property – like buildings and fences – that were damaged in a crash.
  • Uninsured motorist coverage: This insurance provides protection in the event you are in an accident with either someone who does not have insurance or someone who leaves the scene or the accident. UM coverage is subject to the same minimum limits for bodily injury and property damage as described above – $25,000, $50,000 and $25,000.

As a result, when another driver is not insured or flees the scene, your uninsured motorist coverage should cover you up to the minimum limits – or more if this is what you elected for with your insurance company.

What to do when the insurance company won’t pay

There is nothing more frustrating than paying your insurance premiums, only to have your insurance company deny your claim. Unfortunately, though, this does happen and sheds light on how many insurance companies operate. The truth is – an insurance company is a business. While the company may say it has your best interests in mind, this is not always the case when results must be measured by profits and losses.

For that reason, it is important to have an advocate on your side who understands how to navigate the insurance claims process and ultimately file suit on your behalf if the insurance company refuses to fairly compensate you for your injuries. Call today to schedule a free evaluation of your potential claim with an attorney.

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