A car accident can become even more stressful when you discover that the driver who caused the crash does not have insurance. You may have medical bills, vehicle damage, missed work, and ongoing pain, yet there appears to be no liability insurance available from the at-fault driver.
Fortunately, an uninsured driver does not necessarily mean you have no options for compensation. South Carolina requires automobile insurance policies to include uninsured motorist coverage, which may provide an important source of recovery after an accident in Myrtle Beach. At Yates Attorneys, we help injured people determine what insurance coverage is available and pursue compensation after serious crashes.
Uninsured motorist coverage, commonly called UM coverage, is designed to protect you when the person responsible for an accident does not have liability insurance.
South Carolina requires drivers to carry uninsured motorist coverage as part of their automobile insurance policies. This coverage can become particularly important after a Myrtle Beach accident involving an uninsured driver.
Rather than relying solely on the at-fault driver's ability to personally pay your damages, you may be able to pursue a claim through your own insurance policy.
Our Myrtle Beach car accident attorneys can review the policies involved in a collision and help determine which sources of compensation may be available.
The compensation available depends on the facts of the accident, the injuries involved, and the applicable insurance policy.
When an uninsured driver causes an accident, UM coverage may potentially compensate an injured person for losses the uninsured driver would otherwise have been responsible for paying.
Depending on the circumstances, damages may include:
South Carolina policies also include uninsured motorist property damage coverage, subject to the terms and requirements of the policy.
Understanding exactly what your policy covers is important before resolving a claim.
Health insurance may pay some medical expenses after a Myrtle Beach car accident, but it does not necessarily replace an uninsured motorist claim.
Health insurance generally addresses covered healthcare expenses. It does not ordinarily compensate an injured person for every type of loss associated with a car accident, such as pain and suffering or lost earning capacity.
You may also have deductibles, copayments, or other out-of-pocket expenses.
In addition, reimbursement or subrogation issues can arise when health insurance pays medical expenses related to an accident and the injured person later obtains compensation from another source.
For these reasons, having health insurance does not necessarily eliminate the importance of identifying applicable automobile insurance coverage.
There is a difference between an uninsured driver and an underinsured driver.
An uninsured driver has no applicable liability coverage. An underinsured driver has insurance, but the available liability limits are insufficient to fully compensate an injured person for their damages.
Suppose a driver causes a serious Myrtle Beach collision and has liability insurance. If the injured person's medical bills, lost wages, and other damages substantially exceed the available liability limits, underinsured motorist coverage may become relevant.
South Carolina insurers generally must offer underinsured motorist coverage, although drivers are not necessarily required to purchase it.
Reviewing the declarations page and complete policy can help determine whether UIM coverage is available.
Hit-and-run crashes present additional challenges because the injured person may not know who caused the accident.
South Carolina uninsured motorist coverage can potentially apply to qualifying hit-and-run accidents, but special legal requirements can apply.
After a hit-and-run crash in Myrtle Beach, taking prompt action can be particularly important. You should generally:
Businesses, homes, traffic systems, or other vehicles near the collision may have captured useful footage.
Evidence can disappear quickly, so delaying an investigation can make identifying the other vehicle more difficult.
Uninsured motorist coverage does not automatically pay simply because the other driver lacked insurance.
You still generally need to establish that the uninsured driver was legally responsible for the accident and demonstrate the damages caused by the crash.
Evidence may include:
A dispute over fault can be particularly important because South Carolina follows a modified comparative negligence system.
An injured person who is not more than 50 percent at fault may generally recover damages, but the recovery can be reduced according to the person's percentage of fault. If the person's responsibility exceeds the permitted threshold, recovery may be barred.
Yes.
Many drivers assume their own insurance company will automatically agree with them because they are the policyholder. An uninsured motorist claim can still involve disagreements over liability, the nature of the injuries, medical treatment, or the amount of damages.
Your insurer may investigate how the Myrtle Beach accident happened and review your medical records and other documentation.
This is one reason injured people should approach an uninsured motorist claim carefully.
Statements made to an insurance adjuster can become part of the claim file. You should provide truthful information, but you do not need to speculate about matters you do not know or minimize symptoms simply because you hope to resolve the claim quickly.
An injured person may have the ability to pursue a claim against the driver who caused the accident even when that driver has no insurance.
However, obtaining a judgment and actually collecting money are separate issues.
A driver who was operating a vehicle without required insurance may have limited assets or income available to satisfy a substantial judgment. That does not mean a personal claim is never worth pursuing, but collectability should be considered when evaluating the available options.
In many Myrtle Beach uninsured motorist cases, insurance coverage becomes particularly important because it may provide a more realistic source of compensation than attempting to collect directly from an individual driver.
Potentially.
Some car accident cases involve several vehicles, household policies, or other circumstances that raise questions about which insurance policies apply.
South Carolina law also has rules governing when uninsured or underinsured motorist coverage may be stacked. Whether stacking is available can depend on the circumstances, the vehicles involved, the person's status under the policies, and the coverage purchased.
Because these questions can become technical, an injured person should avoid assuming that the coverage shown for one vehicle necessarily represents the maximum compensation available.
A review of all potentially applicable policies may reveal additional coverage.
The steps taken after a Myrtle Beach collision can affect both your health and your insurance claim.
If possible, you should:
If you learn that the other driver is uninsured, review your own automobile policy rather than assuming there is no coverage.
Legal deadlines apply to South Carolina car accident claims, including cases involving uninsured motorists.
The applicable deadline can depend on the nature of the claim and the circumstances of the collision. Hit-and-run cases and claims involving particular defendants can also present additional procedural issues.
Waiting can create problems even before a formal deadline expires.
Surveillance video may be erased, witnesses may become difficult to locate, and physical evidence may disappear. Starting the investigation promptly can make it easier to preserve evidence supporting the claim.
Finding out that the person who caused your Myrtle Beach accident has no insurance can be frustrating, but it does not necessarily eliminate your ability to seek compensation. South Carolina uninsured motorist coverage may provide a source of recovery, and additional insurance issues may need to be evaluated depending on the circumstances.
If you are dealing with injuries caused by an uninsured driver in Myrtle Beach, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
