Accidents Involving An Uninsured Driver

Even minor auto accidents can be a major inconvenience, especially when the other driver involved is uninsured. You may wonder, “Who will pay for my vehicle repairs and my medical bills? Is the at-fault driver off the hook for causing the car crash?”

Hoffman Law Firm has the answers – and the team of Charleston car accident attorneys ready to fight for maximum compensation. 

Immediately following your accident with an uninsured driver, report the accident to the police and seek medical treatment. Be sure to confirm with the responding officer that you are not at fault. Get the contact information of other drivers involved and take pictures, videos and witness statements for evidence.

What is Uninsured Motorist Coverage in South Carolina? 

All drivers are required to carry uninsured motorist insurance in South Carolina under state law. This coverage limits $25,000 per person and $50,000 per accident for bodily injury. Even so, according to a 2021 survey by the Insurance Research Council, approximately one in 10 South Carolina drivers were uninsured in 2019. Here our Charleston car accident lawyers have explained the difference between uninsured and underinsurance motorist coverage:

Uninsured vs. Underinsured 

Uninsured motorist insurance pays damages if you were injured or your property was damaged by an uninsured driver – including hit and run car accidents in South Carolina. (Note: In accidents when the at-fault motorist flees the scene and cannot be located, the hit and run driver is considered uninsured.) When you file an uninsured motorist claim, your insurance company essentially acts as the at-fault driver’s insurance company and provides the necessary coverage.

Underinsured motorist coverage is similar, but it only pays for a portion of your damages if the at-fault driver does not have adequate insurance to cover your total damages. This form of coverage is not required but is recommended.

What is Stacking Insurance?

South Carolina is one of the few states that offers policy stacking – a fact that favors car accident victims who are struggling financially. Stacking insurance allows Charleston County drivers the opportunity to make a claim against every insurance policy they are eligible for.

Here’s an example to illustrate how it works: Say you are injured in a car crash here in Charleston, SC. You are able to file an injury claim against underinsured or uninsured motorist policies that you (or another family member in your household) have – even if they cover vehicles not involved in the car accident. So if you are the policyholder of two vehicles with limits of $25,000, you may be eligible for $50,000 in damages. This is possible because the stacking tool applies to you as the policyholder, not only the vehicle that was involved in the crash.   

Stacking insurance, while beneficial to your car accident case, can be complicated. That’s why it is important to establish a trusted attorney-client relationship with a car accident attorney in Charleston. 

Contact The Hoffman Law Firm for Legal Advice on Your Car Accident!

Here at Hoffman Law Firm, our experienced team can offer helpful guidance regarding your car or truck accident, starting with your free consultation.  

If you have been hit by an uninsured driver or have been involved in a hit and run car accident in South Carolina, get in touch today. Call your car accident law firm in Charleston to schedule your free consultation!

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