South Carolina is an at-fault auto insurance state, meaning the victims of negligent drivers can file a claim with the at-fault driver’s insurance provider.
However, not everyone follows the state-mandated insurance requirements.
At The Louthian Law Firm, we help victims of careless uninsured drivers seek compensation for their losses. If you suffered injuries and have questions about your case, our uninsured motorist car accident lawyer in Columbia will listen to the details of your case and offer guidance.
The Minimum Auto Insurance Requirements in South Carolina
South Carolina requires three types of auto insurance policies for licensed drivers with a vehicle:
- Property damage coverage pays for repairs to the other vehicle if the policyholder caused an accident. State law mandates a minimum of $25,000 in liability coverage.
- Bodily injury is also liability coverage, paying for someone’s medical expenses if the policyholder causes an accident that results in someone else’s injury. Coverage requirements include a minimum of $25,000 per person and $50,000 per accident.
- Uninsured motorist bodily injury covers the policyholder’s medical bills if the at-fault driver is either uninsured or does not have sufficient coverage to pay for all medical expenses. Again, the minimum requirements are $25,000 per person and $50,000 per accident.
These are just the minimum state requirements. Some vehicle financing agencies may require more coverage, and policyholders can choose to increase the limits for every policy.
How Our Uninsured Motorist Accident Lawyer Can Help
You may face challenges when filing a claim under your uninsured motorist coverage. Insurance companies sometimes deny your claim without a reason, or ignore your attempts to communicate, to avoid paying a valid claim. Our team can help you build a strong case and ensure you receive a settlement or award that accurately reflects your losses.
Proving fault for an uninsured motorist claim
A critical element of our job is to establish fault. Insurance companies require you to prove the other driver’s negligence when filing an uninsured motorist claim in South Carolina. Duties we perform to help you do that include:
- Investigating the accident to gather the evidence needed to prove fault
- Identifying recoverable damages
- Compiling the reports, receipts and documents required to prove damages
- Preparing the paperwork to file your claim
Once we have all the evidence necessary to build a solid claim, we handle all communications and negotiations with the insurance company. Our experience valuing car accident damages is crucial in ensuring our clients receive a fair settlement.
Steps You Can Take To Help Build Your Uninsured Motorist Claim Claim
Any documentation you have from the accident can help a lawyer build your case. You can assist in proving your claims for negligence and damages in several ways:
- Report the accident: South Carolina law requires anyone involved in an accident that resulted in injuries to report the collision to the police. Our lawyer will request a copy of that report for your claim to help establish fault.
- Document everything: You can start documenting the accident as soon as immediately after the crash. Take photographs of both vehicles, the surrounding area and any injuries visible on your body. If you can record a video and narrate what happened, that could be useful when you write your statement down later.
- Seek medical attention: If your injuries are minor, you may feel it is unnecessary to see a doctor. However, immediate documentation of your injuries helps connect the accident to damages and checks for internal injuries.
- Contact our firm for legal assistance: We help victims of uninsured motorists in South Carolina recover the compensation they deserve.
Several factors can delay an auto accident claim. Remember to keep track of all your medical bills and request copies of medical records to ensure you have the fastest available access to compensation. Follow doctors’ orders and be present for all your medical visits to prove you make an effort to improve your condition.
Filing a Lawsuit Against the At-Fault Driver
South Carolina law allows you to file a lawsuit against the uninsured driver to seek damages, especially when your uninsured motorist policy does not cover your losses. You can even seek non-economic damages, such as pain and suffering and emotional distress, through a civil case.
However, it may be difficult to recover compensation. More often than not, someone driving without state-mandated auto insurance likely lacks the assets to produce a large settlement. The court may require them to make payments over time to cover the damages.
The statute of limitations for a car accident civil lawsuit is usually three years from the date of the accident, but this can vary. You should act now to start your recovery.
Contact Our Columbia Uninsured Motorist Accident Lawyer Today
If you recently suffered injuries in a car accident caused by a hit and run driver or someone without auto insurance, our uninsured motorist accident lawyer can help you understand the avenues available for recovering your losses.
At The Louthian Law Firm in Columbia, South Carolina, we know the financial, physical and emotional devastation victims of negligent drivers can face. We will fight to protect our client’s rights, including their right to compensation. Contact The Louthian Law Firm at 803-592-6231 to schedule your free consultation with an experienced attorney today.