What If the Other Driver Has No Insurance in SC?

Car accidents are stressful enough without adding more complications to the mix. But what happens if you’re in a wreck in South Carolina and find out the other driver has no insurance? That can bring on a whole new set of worries. Who pays for the damages? What are your options? And how can you protect yourself in the future?

In this blog, we’ll walk you through what to do if you’re hit by an uninsured driver in South Carolina. We’ll break it down in simple terms, share practical steps, and help you understand your rights and options.

Understanding Car Insurance Laws in South Carolina

South Carolina requires all drivers to carry auto insurance. By law, drivers must have both liability and uninsured motorist (UM) coverage. Here’s a quick look at what those terms mean:

• Liability coverage pays for damage or injury you cause to others.
• Uninsured motorist coverage protects you if the person who hits you has no insurance.

The minimum requirements for liability coverage in South Carolina are:

• $25,000 for bodily injury per person
• $50,000 for total bodily injury per accident
• $25,000 for property damage

Uninsured motorist coverage must match these limits. So, if someone hits you and doesn’t have insurance, your UM policy can help cover the costs.

First Things First: What to Do After an Accident

If you’re hit by another driver and suspect they’re uninsured, take the following steps:

1. Call 911: Always report the accident, even if the damage seems minor. A police report will be essential if you need to file a claim.
2. Get Information: Exchange names, addresses, and contact details. Ask for their insurance info, even if they say they don’t have any. It’s best to let the police confirm it.
3. Take Photos: Capture pictures of the vehicles, damages, license plates, the accident scene, and any injuries.
4. Get Medical Attention: Even if you feel fine, it’s smart to get checked out. Some injuries don’t show symptoms right away.
5. Contact Your Insurance Company: Let them know about the accident and mention that the other driver may be uninsured.

How Uninsured Motorist Coverage Works in SC

If the other driver is uninsured and at fault, your uninsured motorist coverage can step in to help. It can cover:

• Medical bills for you and your passengers
• Lost wages if you miss work
• Pain and suffering
• Property damage (if you have UM property damage coverage)

Keep in mind, South Carolina law requires your insurer to offer this coverage, and you cannot legally drive without it. That means you’re likely covered even if you didn’t realize it.

What If the Damages Exceed Your UM Limits?

Sometimes, the cost of injuries and property damage goes beyond what your uninsured motorist coverage will pay. If that happens, you still have options.

You could consider filing a personal injury lawsuit against the uninsured driver. However, collecting money from someone who couldn’t afford insurance may be difficult. In many cases, uninsured drivers don’t have enough assets to cover the judgment, even if you win in court.

Still, it’s worth speaking with a legal professional to understand if a lawsuit is a good option in your situation.

What If You Only Have Minimum Coverage?

Many drivers opt for the minimum required coverage to save money, but this may not fully protect you in serious accidents. If you only carry the minimum uninsured motorist coverage, and your injuries are severe, you might not receive enough to cover all your losses.

For better peace of mind, some people choose to carry underinsured motorist (UIM) coverage, which kicks in when the at-fault driver has insurance, but not enough to cover all the damages. UIM isn’t required in South Carolina, but it can be a smart add-on.

Why So Many Drivers Are Uninsured

Even though it’s illegal to drive without insurance in South Carolina, it still happens. Some drivers can’t afford coverage, while others let their policies lapse or ignore the law altogether. That’s why UM coverage is so important – it protects you from someone else’s poor decision.

According to the Insurance Research Council, South Carolina has a higher-than-average number of uninsured drivers. That means the risk is real, and having proper coverage is essential.

Can You Still Be Compensated Without UM Coverage?

If for some reason you don’t have uninsured motorist coverage, you could still pursue compensation—but it’s a lot more complicated. You might be able to:

• Sue the at-fault driver personally
• Explore options under your health insurance for medical treatment
• Use collision coverage from your own policy to fix your vehicle (if you have it)

But without UM coverage, you’ll likely have to pay upfront costs and hope to recover them later, which isn’t always successful. That’s why it’s crucial to double-check your policy and ensure you’re properly protected.

Protecting Yourself Going Forward

After dealing with an uninsured driver, you might feel frustrated and even helpless. But there are ways to prepare and protect yourself in the future:

• Review your policy: Make sure you have adequate UM and possibly UIM coverage.
• Consider increasing your limits: Medical bills and car repairs can add up fast.
• Ask about additional options: Like MedPay (Medical Payments Coverage) or collision insurance.
• Work with a trusted insurance agent: Someone who can help you understand your coverage and adjust it as needed.

Peace of mind often comes from knowing you’re ready for the worst, even if it never happens.

When to Speak with a Lawyer

Sometimes, filing an uninsured motorist claim or dealing with insurance companies can be overwhelming. If your injuries are serious, or your insurance company isn’t cooperating, it may be wise to consult with a personal injury attorney in SC.

A lawyer can:

• Help you gather evidence
• Negotiate with the insurance company
• Represent you if a lawsuit becomes necessary

Even though South Carolina has laws to protect you in these situations, navigating the claims process alone can be tricky—especially while recovering from an accident.

Final Thoughts

Getting into a car accident is scary enough, but finding out the other driver doesn’t have insurance can make things even more stressful. The good news is, if you’re insured in South Carolina, you probably already have protection through your uninsured motorist coverage.

Still, it’s important to take the right steps after an accident, understand your insurance policy, and explore all your options if things get complicated. Don’t wait until it’s too late, take the time now to review your coverage and make sure you’re prepared for whatever comes your way.

Stay safe out there, and remember, being informed is one of the best protections you can have on the road.