The Short Answer: Your Own Policy May Help
Getting hit by someone with no insurance is frightening. You may worry that nobody will pay for your medical bills or your car. The answer may start with your own auto policy.
Uninsured motorist coverage on your own policy can pay when the at-fault driver has no liability insurance, and in some hit-and-run crashes.1
Whether it applies to your crash depends on your policy and what happened. A lawyer can explain how this works for you.
If the other driver had some insurance, just not enough, read about how underinsured coverage works.
How Do I Know If My Policy Has This Coverage?
Start with your policy's declarations page. That is the summary page your insurer sends when you buy or renew a policy. It lists each type of coverage you have and its limits. If you cannot find your declarations page, ask your agent or insurer for a copy.
What Should I Do in the First Few Days?
Medical care comes first. If you are in the hospital, a family member or friend can handle the rest of this list:
- Call 911, and follow every treatment plan your doctors and therapists set.
- Get the crash report number from the police.
- Take photos of your injuries, the cars and the scene.
- Get the other driver's name, license and plate number.
- Tell your own insurer about the crash soon.
- Write down what you remember while it is fresh.
Your policy may set its own rules for how quickly you report a crash. Read the notice section of your policy, or ask your agent what it requires.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long Do I Have to File a Lawsuit?
Most personal injury lawsuits in South Carolina must be filed within three years.2 For a car wreck, that time generally runs from the date of the crash.4
Claims against a state or local government agency have their own filing deadline, which can be shorter.5 The deadline is for filing a lawsuit in court, and opening a claim with your insurer does not stop it.3
Learn more about how long you have to file.
Illustration only. This is not a real case or a result our firm obtained.
Example: A rear-end crash with an uninsured driver
Maria is waiting at a red light when a pickup hits her from behind. The pickup's driver has no insurance. An ambulance takes Maria to the emergency room with a back injury, and she then needs months of physical therapy.
She misses weeks of work. Her husband reports the crash to her own insurer the next morning.
Her policy includes UM coverage. What she may recover depends on her policy limits, her records and the facts of the crash.
When Is It Worth Talking to a Lawyer?
It may help to talk with a lawyer if any of these sound familiar:
- You were hurt and are still getting treatment
- Your insurer denies the claim or questions your injuries
- You are not sure what your policy covers
- The other driver had some insurance, but not enough
- You were a passenger, or you were driving someone else's car
- The other driver left the scene
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- Uninsured motorist (UM) coverage on your own auto policy can pay when the at-fault driver has no liability insurance, and in some hit-and-run crashes.1
- Most personal injury claims in South Carolina must be filed within three years.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- Under South Carolina's discovery rule, the limitations period generally begins when a person knew or reasonably should have known, through reasonable diligence, that they had an injury that might give rise to a legal claim. The person ordinarily does not need to know the full extent of the injury or identify every potentially responsible party before the clock begins.4
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.5
Frequently Asked Questions
Does my own insurance help if the other driver had no insurance?
It may, depending on what your policy includes. A lawyer can read through it with you and explain what may apply to your crash.
Can I go after the driver who hit me?
That depends on the facts of the crash and the people involved. It is a question to bring to a lawyer, because the honest answer only comes from looking at your case.
How long do I have to file a lawsuit?
Most South Carolina car accident injury lawsuits must be filed within three years, generally measured from the date of the crash.24 Certain claims have shorter deadlines or other exceptions.5 Your policy may also require prompt notice of the accident, and opening an insurance claim does not stop the lawsuit deadline.3
Sources
This page is general information about South Carolina law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.
Attorney responsible for this page: Sean Hall, Sean Hall Law Firm, LLC. Office: 677 King Street, 3rd Floor, Charleston, SC 29403.
