What Uninsured Motorist Coverage Does in South Carolina
Uninsured motorist coverage pays for your injuries and vehicle damage when another driver causes a crash but has no insurance
Uninsured motorist coverage is a separate part of your car insurance policy that covers you if you are hit by a driver with no insurance, or by a hit-and-run driver whose identity you cannot establish. In South Carolina, this coverage is optional — your insurer is not required to include it automatically — but it fills a real gap. If an uninsured driver injures you or damages your car, your own policy pays instead of theirs.
South Carolina law does require all drivers to carry liability insurance, but not all drivers do. The National Highway Traffic Safety Administration estimates that roughly one in eight drivers nationwide is uninsured. If that uninsured driver hits you, you have two paths: sue them directly (which often fails because they have no money), or file a claim under your own uninsured motorist coverage. The second path is usually faster and more reliable.
Uninsured motorist coverage comes in two forms. Uninsured motorist bodily injury covers your medical bills, lost wages, and pain and suffering. Uninsured motorist property damage covers repairs to your vehicle. You choose the dollar limits for each when you buy the policy, and you pay a separate premium for the coverage.
Key Takeaways
- Uninsured motorist coverage is optional in South Carolina but protects you against drivers with no insurance or hit-and-run drivers.
- You choose the dollar limits for bodily injury and property damage coverage separately, and your insurer will suggest a minimum based on your state's requirements.
- If you are hit by an uninsured driver, you file a claim with your own insurance company, not the other driver's.
- South Carolina allows you to reject uninsured motorist coverage in writing, but most insurers recommend carrying it.
How uninsured motorist coverage works after a crash
When you are hit by an uninsured driver, your first step is to report the crash to the police and get a report number. Ask the other driver for their name, phone number, and address — even though they have no insurance, you need to document who hit you. Take photos of the damage, the other vehicle, and the scene. If there are witnesses, get their contact information.
Next, report the crash to your own insurance company. Tell them you believe the other driver is uninsured. Your insurer will investigate — they will check whether the other driver had a policy in force at the time of the crash. If the other driver truly had no insurance, your claim moves forward under your uninsured motorist coverage.
Your insurer will then handle the claim much as they would if the other driver's insurance were paying. For bodily injury claims, you may need to provide medical records and bills. For property damage, the insurer will inspect your vehicle and either repair it or pay you the cash value, depending on the damage. The process typically takes a few weeks to a few months, depending on the complexity of your injuries or the extent of vehicle damage.
Uninsured motorist coverage limits and what they mean
When you buy uninsured motorist coverage, you set a dollar limit for bodily injury and a separate limit for property damage. These limits are the maximum your insurer will pay under that coverage. South Carolina does not set a legal minimum for uninsured motorist coverage the way it does for liability insurance, so you and your insurer decide together.
Many insurers recommend matching your uninsured motorist bodily injury limit to your liability bodily injury limit. For example, if you carry $100,000 in liability coverage, they may suggest $100,000 in uninsured motorist bodily injury coverage. The logic is that you want the same protection whether you are at fault or the other driver is. Property damage limits are often lower — $25,000 or $50,000 — because vehicle damage is usually less costly than medical treatment.
If your injuries or vehicle damage exceed your uninsured motorist limit, you can still sue the uninsured driver in court for the difference. However, collecting from someone with no insurance is difficult. For that reason, many people choose higher uninsured motorist limits than they think they will need.
Hit-and-run crashes and uninsured motorist coverage
A hit-and-run is a crash where the other driver leaves the scene before you can get their information. In South Carolina, uninsured motorist coverage can cover hit-and-run damage — but only if you report the crash to police and can show that another vehicle was involved.
The police report is critical. Your insurer will not pay a hit-and-run claim without evidence that another car hit you. If you hit a parked car and no one was inside, or if you hit a pole or a curb, that is not a hit-and-run and uninsured motorist coverage will not apply. But if you have a police report documenting that another vehicle struck you and the driver fled, your uninsured motorist property damage coverage will pay for repairs.
For hit-and-run bodily injury claims, the same rule applies: you need a police report showing another vehicle was involved. If you can provide that, your uninsured motorist bodily injury coverage will pay your medical bills and other damages, even though you cannot identify the other driver.
Rejecting uninsured motorist coverage in South Carolina
South Carolina law allows you to turn down uninsured motorist coverage, but you must do so in writing. Your insurer will ask you to sign a form acknowledging that you understand the coverage and are choosing not to buy it. This is called a rejection form or waiver.
Some drivers reject uninsured motorist coverage to lower their premium. If you drive an older car with low resale value, the cost of the coverage may outweigh the benefit. If you have substantial savings or other insurance (such as health insurance that covers car crashes), you might decide the risk is acceptable. However, most insurance agents recommend keeping the coverage because the premium is usually modest and the protection is valuable.
If you reject uninsured motorist coverage and are later hit by an uninsured driver, your own insurance will not pay. You would have to sue the uninsured driver directly, which is often unsuccessful because they have no money to pay a judgment.
Underinsured motorist coverage: when the other driver has some insurance but not enough
Underinsured motorist coverage is different from uninsured motorist coverage. It applies when the other driver has insurance but their liability limits are too low to cover your damages. For example, if the other driver has $25,000 in liability coverage but your medical bills are $75,000, their insurance pays $25,000 and your underinsured motorist coverage pays the remaining $50,000 (up to your underinsured motorist limit).
Underinsured motorist coverage is also optional in South Carolina, and you choose the limits separately from uninsured motorist coverage. Many insurers offer it as a package with uninsured motorist coverage, and many drivers buy both. The premium for underinsured motorist coverage is usually similar to the premium for uninsured motorist coverage.
Like uninsured motorist coverage, you can reject underinsured motorist coverage in writing. And like uninsured motorist coverage, most insurers recommend carrying it because the cost is low relative to the protection it provides.
Stacking and how it affects your coverage
Stacking is a rule that applies when you own multiple vehicles or have multiple policies. It allows you to add up the uninsured motorist limits across all your policies to reach a higher total. For example, if you own two cars and each has $50,000 in uninsured motorist bodily injury coverage, stacking would let you claim up to $100,000 total if you are injured in a crash.
South Carolina allows stacking, but only if your policy permits it. Some insurers offer stacking as an option you can buy; others include it automatically. When you buy uninsured motorist coverage, ask your agent whether your policy allows stacking and whether you want it. Stacking increases your premium because it increases the insurer's potential payout, but it can be valuable if you own multiple vehicles.
Stacking applies only to your own policies. You cannot stack your uninsured motorist coverage with a family member's coverage unless you live in the same household and are listed on the same policy.
Frequently Asked Questions
Does uninsured motorist coverage pay if I am hit by a driver with a suspended license?
Not automatically. Uninsured motorist coverage applies when the other driver has no insurance. A suspended license is a separate violation. However, if the driver's license was suspended because they failed to maintain insurance, your coverage may apply. Ask your insurer to investigate whether the other driver had insurance at the time of the crash.
What if the other driver admits they have no insurance but I did not call the police?
You should still report the crash to your insurer and file a claim. Your insurer will investigate to confirm the other driver was uninsured. A police report makes the process faster, but it is not always required. However, for hit-and-run claims, a police report is essential.
Can I use uninsured motorist coverage if I am hit while parked?
Yes, if another vehicle hit your parked car and you can identify the driver or have a police report. Your uninsured motorist property damage coverage will pay for repairs. If the other driver is unknown and you have no police report, you would file a claim under your collision coverage instead.
Does my uninsured motorist coverage pay my deductible?
No. Uninsured motorist coverage has its own deductible, which is usually $250 or $500. You pay that deductible when you file a claim, just as you would with any other coverage. Some insurers waive the deductible for uninsured motorist bodily injury claims, so ask your agent.
What happens if the uninsured driver sues me?
If you are hit by an uninsured driver and your insurer pays your claim, the insurer may pursue the other driver to recover what they paid. This is called subrogation. The other driver cannot sue you for damages because your insurer has already paid you. However, if you reject uninsured motorist coverage and are hit by an uninsured driver, you could be sued by that driver if they claim you caused the crash.