Understanding Your Options When the At-Fault Driver Is Uninsured in South Carolina

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

1. File a Claim Under Your Uninsured/Underinsured Motorist Coverage

If you purchased uninsured motorist (UM) or underinsured motorist (UIM) coverage, your insurer must compensate you for bodily injury and property damage up to your policy limits. South Carolina law requires insurers to offer UM/UIM limits equal to your liability limits. See S.C. Code § 38-77-160 for definitions and minimum requirements.

2. Use Your Collision or Medical Payments Coverage

If you carry collision coverage, it can cover damage to your vehicle regardless of fault, minus your deductible. Medical payments (MedPay) coverage can pay your medical bills up to the policy limit, regardless of fault. Review your policy declarations to determine available limits.

3. Pursue a Personal Injury Lawsuit Against the At-Fault Driver

You can file suit against the uninsured driver directly to recover compensatory damages such as medical expenses, lost wages, pain and suffering, and property damage. Even if the driver lacks insurance, a judgment can attach to their personal assets, wages, or bank accounts. Keep in mind that collecting on a judgment may be difficult if the driver lacks sufficient assets.

4. Seek Reimbursement Through South Carolina’s Financial Responsibility Laws

South Carolina requires drivers to maintain liability coverage or post proof of financial responsibility before registering a vehicle. If an uninsured driver caused your loss, you may notify the Department of Motor Vehicles to pursue administrative penalties against them under S.C. Code § 56-15-60. While this does not directly compensate you, it can pressure the at-fault party to resolve your claim.

5. Consider a Victims’ Compensation Fund

South Carolina does not operate a motor-vehicle accident victims’ fund for civil claims. However, if a criminal act (e.g., DUI) caused the accident, you may apply to the South Carolina Crime Victims’ Compensation Program for certain unreimbursed expenses. See South Carolina Crime Victims’ Compensation for eligibility and application procedures.

Helpful Hints

• Document Everything: Take photos, gather witness contact information, and keep copies of police reports and medical records.
• Notify Your Insurer Promptly: Early notice preserves your rights under UM/UIM and collision coverages.
• Understand Policy Limits: Review your declarations page so you know your maximum recoverable amounts.
• Consult an Attorney Early: An attorney can help evaluate the at-fault driver’s financial status and guide you through litigation or settlement.
• Act Quickly: South Carolina imposes a three-year statute of limitations on personal injury claims. See S.C. Code § 15-3-530.