What to Do When an Uninsured Driver Hits You

You have options even when the other driver has no insurance

If an uninsured driver causes an accident, you are not automatically out of luck. Your own insurance policy likely covers the damage through uninsured motorist coverage, and you can also pursue the other driver directly for payment. The steps you take immediately after the crash — getting the police report, documenting the scene, and notifying your insurer — determine what money you can recover and how quickly.

South Carolina law requires all drivers to carry liability insurance, but many do not. When an uninsured driver hits you, your path forward depends on whether you have uninsured motorist coverage on your own policy, whether you want to file a claim, and whether you are willing to pursue the other driver in small claims court or through a lawyer.

Key Takeaways

• Uninsured motorist coverage on your own policy is the fastest way to pay for damage when the other driver has no insurance.
• You must file a police report at the scene or within a reasonable time to document the accident and the other driver's lack of insurance.
• Notify your insurance company within the timeframe stated in your policy, usually within 30 days of the accident.
• You can sue an uninsured driver in small claims court for damage under $7,500 or hire a lawyer for larger claims, though collecting money from an uninsured driver is often difficult.
• If you do not have uninsured motorist coverage, you can still pursue the other driver, but you will pay out of pocket unless you win a judgment.

What to do at the accident scene

Call the police and stay at the scene until they arrive. Tell the officer that you believe the other driver does not have insurance. The officer will ask to see the other driver's license and insurance card. If the other driver cannot produce an insurance card or the card is expired, the officer will note this in the report. This police report becomes your proof that the other driver was uninsured.

Get the other driver's name, phone number, address, driver's license number, and vehicle identification number (VIN). Take photos of both vehicles, the damage, the accident scene, and any visible injuries. If there are witnesses, get their names and phone numbers. Do not discuss fault or apologize for the accident — stick to the facts of what happened.

If you are injured, seek medical attention immediately. Even if you feel fine, some injuries appear hours or days later. A medical record created on the day of the accident strengthens any claim you file later.

Notify your insurance company right away

Call your insurance agent or the claims number on your policy card within 24 hours of the accident. Have the police report number ready. Tell the claims adjuster that the other driver was uninsured and describe what happened. Your insurer will ask you to submit a written statement, photos, and the police report.

Your insurance company will assign a claims adjuster to investigate. The adjuster will contact the other driver, review the police report, and estimate the cost of repairs. If you have uninsured motorist coverage, your insurer will cover the damage up to your policy limit, minus your deductible. You will pay your deductible (usually $250 to $1,000) out of pocket.

If you do not have uninsured motorist coverage, your insurer cannot pay for the damage. You will need to pursue the other driver directly or decide whether to repair the vehicle at your own cost.

Understanding uninsured motorist coverage

Uninsured motorist coverage is optional in South Carolina, but it protects you when the other driver has no insurance or when a hit-and-run driver leaves the scene. This coverage pays for damage to your vehicle and medical bills for you and your passengers, up to the limit you chose when you bought the policy.

Your deductible applies to uninsured motorist claims just as it does to collision claims. If your deductible is $500 and the damage is $3,000, your insurance pays $2,500 and you pay $500. Some policies allow you to waive the deductible for uninsured motorist claims, though this usually costs more in monthly premiums.

If you do not have uninsured motorist coverage, ask your agent whether you can add it. The cost is usually $15 to $30 per month, depending on your age, driving record, and the coverage limit you choose.

Suing an uninsured driver in small claims court

If the damage is under $7,500 and you do not have uninsured motorist coverage, or if you want to recover your deductible, you can sue the other driver in small claims court. Small claims court is designed for people without lawyers. You file the case yourself, pay a filing fee (usually $50 to $150), and present your case to a judge.

To file, go to the magistrate's office in the county where the accident happened or where the other driver lives. Bring the police report, photos, repair estimates, and any medical bills. The magistrate will help you fill out the complaint form. You will need to serve the other driver with a copy of the complaint, which means having a sheriff or process server deliver it to them.

At the hearing, present your evidence to the judge. Bring the police report, photos, repair estimates, and receipts for any out-of-pocket costs. The judge will decide whether the other driver was at fault and, if so, how much they owe you. If you win, the judge issues a judgment. Collecting that judgment is your responsibility — you may need to garnish the other driver's wages or bank account, which requires additional court filings.

Hiring a lawyer for larger claims

If the damage exceeds $7,500 or you have significant medical bills, consider hiring a personal injury lawyer. Many lawyers work on contingency, meaning they take a percentage of what you recover (usually 25 to 40 percent) and you pay nothing upfront. The lawyer handles all communication with the other driver and their insurance company, files court papers, and negotiates a settlement or prepares for trial.

To find a lawyer, contact the South Carolina Bar Association's lawyer referral service or ask for recommendations from friends or family. Most lawyers offer a free initial consultation where they review your case and tell you whether it is worth pursuing. Ask about their experience with uninsured motorist cases and what percentage they charge.

A lawyer can also help you recover your deductible from the other driver's personal assets if you have uninsured motorist coverage. Some policies allow you to sue the uninsured driver for the deductible amount separately from your insurance claim.

Collecting money from an uninsured driver

Winning a judgment against an uninsured driver does not may provide you will be paid. Many uninsured drivers have few assets and no income that can be garnished. Before you file suit, ask yourself whether the other driver is likely to have money to pay a judgment.

If you win a judgment, you can ask the court to garnish the other driver's wages, freeze their bank account, or place a lien on their property. These steps require additional court filings and take time. Some uninsured drivers simply ignore judgments, and collecting becomes difficult or impossible.

This is why uninsured motorist coverage on your own policy is valuable — it guarantees payment from your own insurer rather than relying on an uninsured driver to pay. If you do not have this coverage, you may recover nothing even if you win in court.

Hit-and-run accidents

If the other driver left the scene, you have a hit-and-run case. Report it to the police immediately and provide any information about the other vehicle — color, make, model, partial license plate, or direction of travel. The police will investigate and may locate the driver.

If the police do not find the driver, your uninsured motorist coverage will pay for the damage. You do not need to prove fault in a hit-and-run because the other driver's departure is treated as an admission of liability. File your claim with your insurer and provide the police report number. Your deductible still applies unless your policy waives it for hit-and-run cases.

If you do not have uninsured motorist coverage, you can file a claim under your collision coverage if you have it. Collision coverage pays for damage to your vehicle regardless of fault, though your deductible applies and your rates may increase.

Frequently Asked Questions

Will my insurance rates go up if I file a claim for an uninsured driver accident?

Not in most cases. South Carolina law prohibits insurers from raising your rates for accidents caused by an uninsured driver if you are not at fault. Your insurer may raise your rates if you are found partially at fault, but being hit by an uninsured driver should not affect your premiums. Ask your agent to confirm this applies to your policy.

Can I recover my deductible from the uninsured driver?

Yes, in some cases. If you have uninsured motorist coverage and win a judgment against the other driver, you can sue them separately for your deductible. Many lawyers will pursue this as part of a larger claim. The challenge is collecting the judgment from someone with little money or income.

What if the other driver claims they have insurance but the card is fake?

Report this to the police at the scene. A fake insurance card is fraud. The police report will document this, and your insurer will treat the driver as uninsured. You can file a claim under your uninsured motorist coverage. Report the fake card to the insurance company listed on it as well.

Do I have to use my uninsured motorist coverage or can I sue the driver instead?

You can choose either path. If you have uninsured motorist coverage, filing a claim is usually faster and simpler than suing. Your insurer pays quickly and you only pay your deductible. If you want to avoid using your coverage or recover your deductible, you can sue the other driver, but this takes months and collecting may be difficult.

What if I was partially at fault for the accident?

South Carolina uses comparative fault rules. If you are found 20 percent at fault and the other driver is 80 percent at fault, your uninsured motorist coverage will pay 80 percent of the damage. Your deductible still applies to your portion. If you sue in court, the judge will reduce your award by your percentage of fault.