What to Do After a Car Accident With an Uninsured Driver in South Carolina

How uninsured motorist coverage protects you

If an uninsured driver hits you, your own uninsured motorist (UM) coverage pays for your medical bills, lost wages, and vehicle damage — not the other driver's insurance, because they don't have any. South Carolina requires all drivers to carry liability insurance, but some don't. Your UM coverage steps in to cover what the at-fault driver cannot pay.

UM coverage is part of your own auto insurance policy. You choose the coverage limit when you buy or renew your policy, usually in amounts like $25,000, $50,000, or $100,000 per person. The higher your limit, the more your insurance will pay if you're hit by an uninsured driver. If you don't have UM coverage and are hit by an uninsured driver, you generally cannot recover money for your injuries or vehicle damage unless you sue the driver directly — which is difficult if they have no assets.

South Carolina also allows underinsured motorist (UIM) coverage, which covers you if the at-fault driver's insurance limit is too low to pay your full damages. For example, if you have $100,000 in damages but the other driver only carries $25,000 in liability coverage, your UIM coverage can bridge the gap up to your UIM limit.

Key Takeaways

• Your own uninsured motorist coverage pays your medical bills and vehicle damage when an uninsured driver causes the accident, not the other driver's insurance.
• You must report the accident to your insurance company and provide details about the uninsured driver, including their vehicle information and any witness names.
• South Carolina law allows you to stack UM coverage across multiple vehicles you own, which can increase the total amount available to you.
• If the uninsured driver is found and has assets, you can pursue a separate lawsuit against them, and your insurance company may help recover what they paid on your behalf.
• Underinsured motorist coverage protects you when the at-fault driver's insurance limit is too low to cover your full damages.

Steps to take immediately after the accident

Call the police and request an accident report. South Carolina law requires you to report any accident involving injury or significant property damage. Get the police report number and the officer's name. Even if the other driver is uninsured, a police report creates an official record of what happened and helps your insurance company investigate.

Collect the other driver's name, phone number, address, vehicle make and model, license plate number, and driver's license number. Ask for their insurance information anyway — they may claim to be uninsured but actually carry a policy. Write down the names and phone numbers of any witnesses who saw the accident. Take photos of vehicle damage, the accident scene, traffic signs, and road conditions. Do not admit fault or discuss the accident in detail with the other driver.

Seek medical attention even if you feel fine. Some injuries appear hours or days later. A medical record created on the day of the accident strengthens your claim. Keep all receipts for medical treatment, vehicle repairs, rental cars, and other accident-related expenses.

Filing a claim with your insurance company

Contact your insurance company as soon as possible — most policies require you to report an accident within a set timeframe, often 30 days. Tell them you believe the other driver is uninsured and provide all the information you collected: the other driver's details, the police report number, witness names, and photos. Your insurance company will investigate to confirm the other driver is truly uninsured.

Your insurer will assign a claims adjuster to your case. The adjuster will review your medical records, repair estimates, and other documentation to calculate what your claim is worth. They will then offer you a settlement amount. You can accept the offer, negotiate for more, or reject it and pursue other options.

Keep copies of everything you submit to your insurance company. Document all communication — dates, times, names of people you spoke with, and what was discussed. If your adjuster is slow to respond or seems to be undervaluing your claim, follow up in writing (email or certified mail) to create a paper trail.

Understanding stacking and coverage limits

South Carolina allows stacking of uninsured motorist coverage. This means if you own multiple vehicles and each has UM coverage, you can combine the limits from all your policies to increase the total amount available for a single accident. For example, if you own two cars with $50,000 UM coverage each, you could stack them to have $100,000 available for one accident.

Stacking is automatic in some policies and optional in others — check your policy documents or call your insurance agent to see whether your policies allow it. If stacking is optional and you want it, you may need to request it in writing or pay a small additional premium. Stacking can make a significant difference if your damages exceed a single vehicle's UM limit.

Your UM coverage limit is the maximum your insurance company will pay for any single accident. If your damages exceed that limit, you may be able to pursue a lawsuit against the uninsured driver to recover the difference, though collecting from an uninsured driver is often difficult.

What happens if the uninsured driver is later identified

If the uninsured driver is found and identified after your accident, your insurance company may pursue a subrogation claim against them. Subrogation means your insurance company tries to recover the money they paid you from the at-fault driver. This is separate from your personal claim — your insurer handles it on their own.

If the uninsured driver has assets (a house, bank account, or income), your insurance company or you can pursue a lawsuit against them to recover damages. South Carolina courts can issue a judgment against them, and you can then attempt to collect through wage garnishment, bank account levies, or liens on property. However, many uninsured drivers have few assets, making collection difficult or impossible.

You also have the right to sue the uninsured driver directly in small claims court (for damages up to $7,500) or civil court (for larger amounts). An attorney can advise you on whether a lawsuit is worth pursuing given the other driver's financial situation.

When your insurance company denies your claim

Your insurance company may deny your UM claim if they determine the other driver was actually insured, if they believe you were at fault for the accident, or if they find you did not have valid UM coverage at the time of the accident. They must provide a written explanation of the denial.

If you disagree with the denial, you can request an internal appeal through your insurance company. Send a written letter explaining why you believe the denial is wrong and include any new evidence. Your insurer must review the appeal and respond within a set timeframe — check your policy for the specific deadline.

If the internal appeal fails, you can file a complaint with the South Carolina Department of Insurance. You can also hire an attorney to pursue a bad-faith claim against your insurance company if you believe they wrongfully denied your claim or handled it unfairly. An attorney can review your policy and the insurer's decision to determine whether you have grounds for a lawsuit.

Working with an attorney

You are not required to hire an attorney to file a UM claim, but an attorney can help you understand your rights, negotiate with your insurance company, and pursue a lawsuit if needed. Many personal injury attorneys work on a contingency basis, meaning they take a percentage of your settlement or judgment as their fee and you pay nothing upfront.

An attorney is especially useful if your damages are substantial, if your insurance company is offering less than you believe your claim is worth, or if the case involves complex liability questions. South Carolina has a three-year statute of limitations for personal injury claims, meaning you must file a lawsuit within three years of the accident or lose the right to sue.

Frequently Asked Questions

Do I have to have uninsured motorist coverage in South Carolina?

No, uninsured motorist coverage is not required by South Carolina law. However, it is strongly recommended because many drivers on the road are uninsured. If you are hit by an uninsured driver and do not have UM coverage, you have limited options for recovering money for your injuries and vehicle damage.

Can I use my uninsured motorist coverage if I was partially at fault for the accident?

Yes. South Carolina follows a "comparative negligence" rule, meaning you can recover damages even if you were partly at fault, as long as you were not more than 50 percent responsible. Your recovery will be reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages are $10,000, you would recover $8,000.

What if the other driver has a suspended or revoked license?

A suspended or revoked license does not automatically mean the driver is uninsured. You still need to confirm they have no active insurance policy. If they are truly uninsured, your UM coverage applies the same way as with any other uninsured driver.

How long does it take to settle a UM claim?

Settlement time varies depending on the complexity of your case and the severity of your injuries. Simple claims with clear liability and minor injuries may settle in weeks. Claims involving serious injuries, multiple parties, or disputed liability can take months or longer. Your insurance company should keep you updated on the progress of your claim.

Can I sue the uninsured driver even if I have UM coverage?

Yes, you can pursue a separate lawsuit against the uninsured driver. However, most people choose to use their UM coverage first because it is faster and does not require proving fault in court. If your damages exceed your UM coverage limit, a lawsuit may be worth pursuing if the uninsured driver has assets to collect from.