Being involved in an accident with a motorist who is not carrying adequate insurance coverage is not only frustrating but can also make things following the crash extremely stressful for you. However, there are few things you should know before assuming the worst. The first thing you need to be aware of is that in the state of South Carolina, drivers are required to carry certain types of car insurance coverage. So, while the driver who may have rear-ended you or ran a stop sign may not be complying with South Carolina’s insurance laws, you are, given you purchased the minimum requirements the state stipulates.
What this means is that your insurance policy has what is called uninsured motorist coverage. This type of coverage protects you, the driver, in the event you are injured and/or your property sustained damage after being involved in a wreck with a hit and run driver or someone who is uninsured. While you can choose how high you place your limits on this type of coverage, the minimum amount of coverage the South Carolina Department of Insurance says you must purchase is as follows:
- $25,000 per person for bodily injury.
- $50,000 for all persons injured in one accident.
- $25,000 for all property damage in one accident.
Therefore, just because the other driver may not be properly insured doesn’t mean you are forced to cover expenses that arose as result of the injuries you sustained and/or the repairs your vehicle may have needed. Your uninsured motorist coverage should kick in and provide you with the amount you are entitled to up to the limits you have purchased.
Now, something else you should be aware of after being involved in a car accident with a Greenville or Spartanburg driver who is uninsured is that South Carolina is considered a tort-liability state which means the party that was not at fault can pursue a claim or complaint against the at-fault party [Source: South Carolina Department of Insurance]. This means you can file a claim through their insurer or if they failed to purchase coverage, you can then file a complaint, or civil lawsuit, against the party in an effort to collect compensation for your injuries and/or property damage.
Now, it would be wise of you to hire Greenville, SC car accident attorney Paul Hammack as he can help ensure you follow all the steps required to file a civil lawsuit and can represent you when it comes time to present your case and demand that compensation be paid. While some auto accidents only result in minimal damage that can be covered by your uninsured policy, sometimes, the damage is much more severe, and you are entitled to much more than what your policy can pay out.
Either way, to be sure you are receiving what you are rightfully due for the damage that has been done after being involved in an accident with an uninsured driver, consult with SC car crash attorney Paul Hammack following the incident.