In South Carolina, drivers are financially responsible for crashes they cause. But what happens if an at-fault driver doesn’t have insurance? They could face criminal penalties for driving without insurance, and crash victims might need to rely on uninsured motorist (UM) coverage for compensation.
At McKinney, Tucker & Lemel LLC, we understand how stressful it is to get hurt in an accident – especially when the other driver doesn’t have the proper insurance to cover your losses. If you’re struggling to make ends meet after a crash with an uninsured motorist, we can help you pursue the money you need for your medical expenses, lost wages, and more.
Contact us today for a consultation to learn how our lawyers can help you after an uninsured driver accident in South Carolina.
What Are Some Uninsured/Underinsured Motorist Statistics?
A study by the Insurance Research Council (IRC) indicates that as many as 13 percent of U.S. motorists were uninsured in one recent year. That means about one in eight drivers hit the road daily without mandatory car insurance coverage.
Frustratingly, insured drivers end up paying close to $13 billion every year in preventable costs due to uninsured drivers. On a state-by-state level, South Carolina ranks 29th for the most uninsured motorists on the road.
What Auto Liability Insurance Is Required in South Carolina?
In South Carolina, drivers must carry two key types of liability insurance coverage:
- Bodily injury liability – When the insured driver causes an accident that injures someone else, bodily injury liability coverage pays for their medical costs. South Carolina law requires at least $25,000 per person and $50,000 per accident in bodily injury liability insurance.
- Property damage liability – Similarly, property damage liability insurance covers drivers when they damage someone else’s vehicle or other physical property in an accident. The minimum property damage liability coverage in South Carolina is $25,000 per accident.
If drivers choose not to carry liability insurance, they must register with the state as uninsured drivers and pay a $550 annual fee. They could also be personally responsible for others’ losses in the event of an accident. That means crash victims could sue for compensation, leaving the uninsured driver stuck paying out of pocket.
What Are the Penalties for Driving Without Auto Liability Insurance in South Carolina?
Operating a motor vehicle without valid liability insurance or registering as an uninsured motorist is illegal in South Carolina. State law says uninsured driving is a misdemeanor offense, punishable by:
- A $550 uninsured motorist fee
- A fine of up to $200
- Up to 30 days in jail
The state can also confiscate your vehicle registration and license plates. For each day you go without coverage, you could face a $5 surcharge – for a total penalty of up to $200. Reinstating your driving privileges can also cost up to $200.
Subsequent offenses can cost you even more money and land you in jail for even longer.
How Do I Prove Fault in a South Carolina Car Accident?
To prove that the other driver was at fault for causing the accident, you can use evidence like the following:
- Police reports
- Medical records
- Photographs
- Video footage
- Eyewitness statements
- Expert witness testimony
Does the Other Driver’s Insurance Still Cover Me If I Was Partly At Fault?
South Carolina follows a modified comparative negligence doctrine regarding personal injury lawsuits. That means the courts can reduce your compensation for a car accident claim based on the percentage of fault you bear for causing the accident. And if you are 51 percent or more at fault, the law bars you from seeking compensation altogether. The best way to protect yourself against accusations of fault and avoid losing money for your claim is to work with a knowledgeable car accident lawyer.
Is Uninsured/Underinsured Motorist Coverage Mandatory in South Carolina?
Uninsured motorist (UM) coverage is mandatory in South Carolina. This coverage protects you in collisions with uninsured drivers, including hit-and-run drivers. State law requires you to carry UM coverage equal to the minimum liability coverage for bodily injury and property damage. That means $25,000 per person and $50,000 per accident in bodily injury and $25,000 in property damage coverage.
Underinsured motorist (UIM) coverage is different. It protects you if you are in an accident with a driver who has some insurance but not enough to cover your losses. Auto insurance companies are required to offer you UIM coverage in South Carolina. However, you do not have to purchase it.
What If I Don’t Have UM/UIM Insurance?
If you do not have UM or UIM coverage after an accident with a careless driver, you may still have options for recovering compensation. You could file a personal injury lawsuit seeking compensation from the at-fault motorist. You could also file a claim with your insurance company if you have medical payments (MedPay), personal injury protection (PIP), collision, or comprehensive coverage. For a detailed breakdown of your legal options after an accident, consult an experienced South Carolina car accident attorney.
Contact a South Carolina Car Accident Lawyer
If you got hurt in a collision and feel confused by South Carolina’s uninsured motorist laws, let a skilled car accident attorney at McKinney, Tucker & Lemel LLC take the pressure off you. We’re ready to work hard to pursue the recovery you deserve. Contact our office today to arrange your confidential legal consultation.
