Do you need a lawyer in Greenville after an accident with an uninsured motorist? Call our law offices today. We can assist you with a claim for compensation.
Have you been in an accident, and the other driver:
- Doesn’t have insurance?
- Fled the scene of the accident (hit and run)?
- Has insurance, but not enough to cover your damages?
You may benefit from the assistance of a Greenville uninsured motorist accident lawyer. The lawyers David R. Price, Jr., P.A. can assist you. Call or message us now to talk to our legal team of car accident lawyers in Greenville.
Representation in Greenville, SC, for Uninsured and Underinsured Motorist Claims
Our law firm represents people who were in uninsured and underinsured motorist accidents.
It’s hard enough to be in an accident. If you have the added challenge of the other driver not having liability insurance to cover your losses, there are still things you can do to recover fair compensation:
- Uninsured/underinsured motorist insurance coverage on your policy may provide compensation; and
- You may still claim compensation directly from the at-fault party.
Unfortunately, getting the compensation that you deserve isn’t always easy. You must understand what insurance policies apply and how to pursue your claim. Our Greenville uninsured motorist accident lawyers know what to do. Let us start helping you today.
Uninsured Drivers in South Carolina and Insurance Coverage Requirements
South Carolina ranks 28th in the United States for uninsured motorists. Approximately 10.9% of South Carolina drivers are uninsured. (Insurance Information Institute, Facts + Statistics: Uninsured Motorists). That means there is a significant likelihood of an accident victim encountering a driver who doesn’t have insurance.
In South Carolina, uninsured motorist coverage is required to be included along with liability coverage in every policy of automobile insurance sold in this state. A driver must have uninsured motorist bodily injury coverage totaling at least $25,000 per person and $50,000 total per accident, and uninsured motorist property damage coverage totaling at least $25,000. A driver may also elect to purchase coverage in higher amounts. The insurance company must also make a meaningful offer underinsured motorist coverage, although insureds do not have to purchase it.
If an accident occurs, and the at-fault driver is uninsured or underinsured, the victim may seek compensation through their own insurance coverage. In addition, the at-fault driver remains personally liable for paying damages.
Uninsured/Underinsured Motorist Laws in South Carolina
South Carolina’s uninsured and underinsured motorist insurance coverage requirements are found in S.C. Code Title 38, Insurance, Chapter 77, Automobile Insurance.
S.C. Code § 38-77-150 – Uninsured motorist law
All car insurance policies in South Carolina must have uninsured motorist coverage. A policy must have at least the same uninsured amounts as required liability coverage minimums ($25,000/$50,000/$25,000). However, a $200 deductible is allowed for property damage.
S.C. Code § 38-77-160 – Underinsured motorist coverage
An insurer must also offer underinsured motorist coverage and additional uninsured motorist coverage along with liability coverage. They must offer up to the same limits that the insured selects for liability coverage. Underinsured motorist coverage applies when damages exceed the limits of the at-fault party’s liability coverage or a damage cap that exists in the law.
About Compensation and Legal Issues in Uninsured and Underinsured Motorist Insurance Claims
When determining fault for collisions involving uninsured or under insured drivers, liability laws and comparative negligence principles apply. When liability or damages are disputed, an injured party is entitled to bring a lawsuit and have a trial to determine liability and damages.
Service of process on the insurer is required
In order to preserve the right to claim uninsured or underinsured coverage after a collision, South Carolina law requires the plaintiff to serve the applicable insurer in any claim brought under the uninsured or underinsured motorist coverage. The insurer has a right to know about the proceedings and participate in the defense.
When the defendant is unknown (S.C. Code § 38-77-170)
If the at-fault driver is not known, usually because of a hit-and-run, there are things the victim must do to bring an uninsured motorist claim. They must report the accident to the police in a timely manner. They must not have acted negligently in failing to identify the driver. An affidavit from a third party witness may be required if contact was not made between the vehicles.
John Doe defendants
If a defendant is unknown, the victim may name “John Doe” as a defendant and achieve service by serving the Clerk of Court for the county where the case is filed.
Arbitration is not required; a lawyer is allowed (S.C. Code § 38-77-220)
Uninsured motorist insurance carriers may not require arbitration. The insurance contract may not prevent the insured from having a lawyer or from instituting legal proceedings.
You can rely on our lawyers to understand these and other issues you may face in an uninsured motorist accident claim.
Speak With Our Greenville Auto Accident Lawyers
If you have been involved in an accident, pursuing uninsured motorist insurance is an added challenge in getting fair compensation. Fortunately, you can talk to a car accident lawyer in Greenville about your accident with an uninsured motorist right now. At David R. Price, Jr., P.A., we have an experienced and aggressive legal team, and we can help you with any unique issues that may be present in your case.
Call or message our team for a free consultation. Get help from a lawyer today.
