The Short Answer: Other Coverage May Help
If the at-fault driver carries South Carolina's minimum bodily injury liability coverage, the policy generally provides up to $25,000 for injuries to any one person.1
When your losses are larger than the other driver's coverage, other sources may help. Whether more money is available depends on the policies involved and the facts of your crash. Only by talking through your case with a lawyer will you know what may be in play.
How Do I Check What My Own Policy Covers?
Your declarations page is the summary page of your auto policy. It lists each coverage you bought and its limits. Your insurance agent can also tell you what you have.
You can read more about how underinsured coverage works in South Carolina.
What Should I Gather Now?
Keeping good records helps whatever path your claim takes. Useful items include:
- The crash report and the other driver's insurance details
- Your own auto policy, including the declarations page
- Medical records and bills from every provider
- Proof of time missed from work and lost pay
- Photos of your injuries, the cars, and the scene
- Notes on what you remember about the crash
Go to every appointment your doctors and therapists set.
Keep everything in one folder, paper or digital. Add new bills and letters as they arrive.
For questions about bills, see who pays your medical bills after a wreck.
Illustration only. This is not a real case or a result our firm obtained.
Example: Two policies, one crash Luis is sideswiped by a driver changing lanes on the interstate. His shoulder surgery, physical therapy, and lost pay add up to about $55,000. The other driver's policy has a limit of $25,000 per person. Luis pulls out his own auto policy to see what coverage he bought. Luis opens a claim with the other driver's insurer and also looks closely at his own policy. What his own policy may pay depends on its terms 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:
- Your medical bills or lost pay look larger than the other driver's coverage
- More than one person was hurt
- You are unsure what your own policy covers
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- South Carolina requires drivers to carry at least $25,000 in liability coverage per person, $50,000 per crash, and $25,000 for property damage.1
Frequently Asked Questions
Will my own insurance cover the rest?
It depends on what your policy includes and how the crash happened. Your declarations page lists the coverages you bought, and a lawyer can go over it with you to see what may apply.
What if several people were hurt in the same crash?
That can change the picture, and how much depends on the policies and the people involved. It is a question only a lawyer can answer after hearing the details.
What should I keep while I figure this out?
Keep the crash report, the other driver's insurance details, your own policy and every medical bill. Put them in one folder and add new papers as they arrive.
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.
