Being hit by an uninsured driver can leave you wondering how you’ll pay for medical bills, vehicle repairs, and lost income. Fortunately, South Carolina law Title 38, Chapter 77 on Insurance provides protections that may allow you to recover compensation even when the at-fault driver has no insurance.

How Common Are Uninsured Drivers in South Carolina?

South Carolina has one of the higher rates of uninsured drivers in the country. This means accidents involving uninsured motorists happen more often than many people realize.

Because of this risk, South Carolina generally requires auto insurance policies to include uninsured motorist (UM) coverage unless it has been properly rejected in writing.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage protects you when the driver who caused the accident does not have insurance.

Your UM coverage may help pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• Future medical treatment
• Vehicle damage (subject to policy terms)

Many drivers are surprised to learn that their own insurance policy may become the primary source of compensation after an uninsured driver accident.

What Is the Difference Between UM and UIM Coverage?

Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance.

Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to fully cover your damages.

For example, if your injuries result in $100,000 in damages and the at-fault driver only carries a $25,000 policy, your UIM coverage may help bridge the gap.

What About Hit-and-Run Accidents?

Many hit-and-run accidents are treated similarly to uninsured motorist claims.

If the driver cannot be identified, you may still be able to pursue compensation through your UM coverage. Reporting the accident immediately and preserving evidence can be critical to protecting your claim.

Can You Sue an Uninsured Driver?

Yes. You can file a lawsuit against the at-fault driver even if they do not have insurance.

However, many uninsured drivers have limited assets, which can make collecting a judgment difficult. In many cases, an uninsured motorist claim provides the most practical path to compensation.

What Should You Do After an Accident With an Uninsured Driver?

If possible:

1. Call 911 and report the accident.
2. Seek medical attention immediately.
3. Take photos of the vehicles and accident scene.
4. Collect witness information.
5. Notify your insurance company.
6. Speak with a personal injury attorney before accepting a settlement.

Taking these steps can help preserve important evidence and strengthen your claim.

What Compensation Can You Recover?

Depending on the circumstances, you may be entitled to compensation for:

• Medical bills
• Future medical treatment
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage

If the accident resulted in a fatality, surviving family members may also have grounds to pursue a wrongful death claim.

How Mastantuno Law Firm Can Help

Uninsured motorist claims are often more complicated than people expect. Even though the claim is made under your own policy, insurance companies may still dispute liability, injuries, or damages.

At Mastantuno Law Firm, we help accident victims identify available insurance coverage, document damages, negotiate with insurance companies, and pursue the maximum compensation available under South Carolina law.

Contact Mastantuno Law Firm

If you’ve been injured by an uninsured driver in South Carolina, contact Mastantuno Law Firm for a free consultation. We’ll review your case, explain your options, and help you understand the best path forward.