Accidents involving uninsured motorists are among the most frustrating experiences for South Carolina drivers. It can be hard to understand your rights and options, and not knowing whether you’ll be compensated for your medical bills, lost income, and vehicle repairs can add to your stress. Fortunately, you do have options for seeking compensation, and an uninsured motorist lawyer in Rock Hill, SC, can help. Contact the office of Ted A. Greve & Associates PA to discuss your case in a free initial consultation, and pay nothing unless we recover the compensation you deserve.
Navigating Uninsured Motorist Claims in Rock Hill, SC: A Comprehensive Guide
Under South Carolina law, all drivers must purchase auto liability insurance coverage that meets or exceeds the following minimum amounts:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
In addition to carrying liability coverage, drivers must purchase uninsured motorist (UM) insurance with the same minimum coverage amounts. This coverage protects drivers if someone without insurance hits them.
Some drivers also choose to purchase optional underinsured motorist (UIM) coverage for protection when another driver’s insurance isn’t enough to cover the losses resulting from a collision. Insurers are required to offer this coverage, but drivers aren’t obligated to purchase it.
While South Carolina is a fault-based state for car accident claims – meaning injured people can file claims against an at-fault driver, whose insurance should compensate them – the process of recovering compensation gets trickier when the at-fault driver isn’t insured. When this happens, an injured person files a claim with their own UM insurance provider. Because the state requires UM coverage to match liability limits, it can provide significant financial protection and peace of mind.
Immediate Steps to Take After Being Hit by an Uninsured Driver
Taking the right steps after an accident with an uninsured driver in Rock Hill, SC, is the most effective way to protect your health and strengthen your insurance claim. Proper documentation and prompt action can help you pursue compensation even when the at-fault driver doesn’t have insurance. Here’s what to do:
- Ensure Safety and Document the Scene – Move to a safe location if possible and check for injuries. Take photos of vehicle damage, road conditions, traffic signs, and any visible injuries.
- Report the Accident to Authorities – Call 911 immediately. An official accident report can serve as key evidence when you file an uninsured motorist claim.
- Collect Witness Information and Evidence – If anyone saw the crash, get their contact information so your attorney can contact them later to get their account of the incident.
- Seek Medical Attention and Keep All Records – Even if your injuries seem minor, see a doctor right away and retain all associated medical records to support your claim.
Evaluating Your Case and Potential Compensation
An experienced South Carolina car accident lawyer can evaluate your case and determine the compensation you may be entitled to after an accident with an uninsured driver. They’ll begin by reviewing your uninsured motorist (UM) coverage to determine the extent of your coverage.
Next, your lawyer will gather evidence, including:
- The official accident report
- Your medical records
- Eyewitness statements
- Any available surveillance footage
- Testimony from accident reconstruction experts
After compiling this evidence, your lawyer will file your claim. They’ll also handle all communications with your insurance company, which protects your rights and helps you avoid potentially accepting a lowball settlement. If the insurer offers a lower settlement than you deserve or unfairly denies your claim, your attorney from Ted A. Greve & Associates PA can challenge the decision and file a lawsuit if necessary. Their ultimate goal is to recover full compensation for your current and future medical expenses, lost wages, vehicle repair or replacement, pain and suffering, and other losses.
Legal Pathways to Compensation for Victims of Uninsured Drivers
You may have several legal options when seeking compensation after an accident caused by an uninsured motorist. While your UM coverage offers the likeliest approach, some additional legal considerations may affect your claim.
Exploring Insurance Options and Personal Injury Protection
In addition to the required UM coverage, some South Carolina drivers also purchase personal injury protection (PIP) or medical payments (MedPay) coverage, which helps cover medical expenses regardless of who was at fault. You can use this coverage after a collision with an uninsured motorist.
South Carolina’s Laws on Comparative Negligence and Impact on Claims
South Carolina follows a modified version of the doctrine of comparative negligence and allows car accident victims to recover compensation even when they’re partially at fault. However, the court will reduce your compensation according to your percentage of fault, and if you bear more responsibility than the other driver, you won’t be able to recover any compensation at all. With this in mind, Insurance companies may try to argue that you share the blame. A lawyer can challenge unfair fault assessments to protect your claim.
Pursuing Legal Action Outside Insurance Settlements
If your UM insurance doesn’t fully cover your losses, you may consider filing a personal injury lawsuit against the at-fault driver. However, if they don’t have insurance, they may also lack sufficient assets to pay a judgment. Your car wreck lawyer in South Carolina can investigate potential third-party liability claims and other alternative recovery options.
Filing a Wrongful Death Claim After Losing a Loved One
Losing a loved one to an uninsured driver can introduce significant emotional and financial hardship. While no amount of money can replace them, you may be eligible to pursue a wrongful death claim that can compensate your family for its loss. In South Carolina, the personal representative of your loved one’s estate can file a claim for the benefit of the family.
Contact an Uninsured Motorist Lawyer for Your Case
If you suffered injuries in a collision with an uninsured motorist, the team at Ted A. Greve & Associates PA is here to support you in pursuing the justice you deserve. We’ll manage every detail of your claim while you focus on healing. Contact us 24/7 to arrange a free consultation with a Rock Hill attorney with experience handling these claims and a track record of successfully securing the results and closure clients like you deserve.
