How can I determine which insurer covered the at-fault driver at the time of the accident in South Carolina?
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you lack the at-fault driver’s insurance details after a collision in South Carolina, follow these steps to identify the responsible insurer:
1. Obtain a Police or Accident Report
Request the official accident report from the law enforcement agency that responded. South Carolina officers typically record the insurer’s name and policy number when they take statements at the scene.
2. Contact the South Carolina Department of Motor Vehicles (SCDMV)
Under S.C. Code Ann. § 56-1-910, every registered driver must carry proof of liability insurance. You can order a vehicle record lookup through the SCDMV’s Accident Reporting portal. This report often lists the insurer on file for the at-fault vehicle.
3. Review Your Own Insurer’s Uninsured/Underinsured Motorist (UM/UIM) Investigation
If you carry UM/UIM coverage, your insurer will investigate to confirm the at-fault party’s coverage. Insurers obtain motor vehicle records under S.C. Code Ann. § 38-77-160 to verify coverage and policy limits. Ask your insurer for a copy of their findings.
4. Subpoena Insurance Records in Litigation
If your claim escalates to a lawsuit, you may use discovery tools—like interrogatories and document requests—to compel the at-fault driver (or their employer) to disclose insurer information. You can also issue a subpoena duces tecum to the insurer directly.
5. Check Court/Clerk Records
If the at-fault driver has prior cases or judgments, the clerk of courts often retains filings that list insurer information. Visit the local county courthouse or its online civil records database.
Relevant Statutes
- S.C. Code Ann. Title 38, Chapter 77 (Insurance Requirements and Reporting)
- S.C. Code Ann. § 56-1-910 (Proof of Financial Responsibility)
Helpful Hints
- Keep a copy of all correspondence and reports you obtain.
- Ask your insurer’s adjuster for written confirmation of any coverage findings.
- Use certified mail when requesting records to create an audit trail.
- Consult with an attorney if the at-fault driver fails to disclose accurate information.
- Act promptly—South Carolina’s retention periods for DMV and court records vary by county.