What to Do If the At-Fault Driver Doesn’t Have Insurance
If you’ve been involved in a car accident in South Carolina and discovered that the at-fault driver doesn’t have insurance, you’re not alone. Unfortunately, uninsured drivers are a common issue in the Palmetto State, leaving victims in difficult positions when it comes to recovering damages. According to a study by the Insurance Research Council, approximately 10.9% of drivers in South Carolina are uninsured. Fortunately, there are steps you can take to protect your rights and pursue the compensation you deserve, and CFJ Injury Lawyers is here to help every step of the way.
Understanding South Carolina’s Insurance Laws
South Carolina law requires all drivers to carry a minimum amount of liability insurance:
- $25,000 for bodily injury per person.
- $50,000 for bodily injury per accident.
- $25,000 for property damage.
Additionally, South Carolina mandates uninsured motorist (UM) coverage as part of every auto insurance policy. This coverage is designed to protect you if you’re involved in an accident with a driver who doesn’t have insurance or if the at-fault driver flees the scene.
Steps to Take After an Accident with an Uninsured Driver
If you’ve been in an accident with an uninsured driver, it’s crucial to take immediate action to protect your case:
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Call the Police:
Always report the accident to law enforcement. A police report can serve as critical evidence in your case.
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Gather Evidence:
Take photos of the accident scene, your injuries, and any property damage. Collect contact information from witnesses.
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Seek Medical Attention:
Even if you don’t think you’re seriously injured, visit a doctor. Some injuries, like whiplash or concussions, may not show symptoms immediately.
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Notify Your Insurance Company:
Report the accident to your insurer as soon as possible. They will investigate and determine whether your uninsured motorist coverage applies.
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Contact an Experienced Attorney:
Navigating the claims process can be overwhelming, especially when dealing with an uninsured driver. CFJ Injury Lawyers can help you understand your rights and fight for the compensation you deserve.
How CFJ Injury Lawyers Can Help
At CFJ Injury Lawyers, we understand how stressful and overwhelming it can be to deal with the aftermath of a car accident, especially when the at-fault driver doesn’t have insurance. With over 40 years of experience handling personal injury and car accident cases across South Carolina, our team has built a reputation for compassionate and effective legal representation.
Led by Catherine F. Juhas, who is admitted to practice law in South Carolina, North Carolina, and Washington D.C., we have the expertise to guide you through the complexities of the car accident process. Whether it’s dealing with insurance adjusters, negotiating settlements, or representing you in court, we are dedicated to securing the best possible outcome for you.
Our team also includes Eric Saleme, who brings extensive experience in personal injury law and is fluent in Spanish, ensuring that we can provide personalized and inclusive service to our diverse community of clients.
We pride ourselves on offering hands-on guidance to every client, tailoring our approach to meet your unique needs. Our attorneys will:
- Explain your uninsured motorist coverage and how it applies to your case.
- Handle communication with insurance companies to ensure you’re not taken advantage of.
- Gather evidence, including medical records and witness statements, to build a strong case on your behalf.
- Pursue all available avenues for compensation, including uninsured motorist coverage and potential lawsuits against the at-fault driver.
Our commitment to client satisfaction is evident in testimonials like this one from Micah Fahner: “So what can I say other than 18 months out of work and this firm saw me through until the end. I appreciate it so much Lindsay and Cathy!!! You guys are the best! Thank you!”
How Uninsured Motorist Coverage Works
Uninsured motorist coverage provides financial protection when the at-fault driver doesn’t have insurance. This coverage can help pay for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
In some cases, you may also be eligible to use underinsured motorist (UIM) coverage if the at-fault driver’s policy limits are too low to cover your damages.
FAQs About Uninsured Drivers in South Carolina
Q: What if the at-fault driver doesn’t have insurance or flees the scene?
A: Your uninsured motorist coverage should apply in hit-and-run accidents or when the at-fault driver is uninsured. Contact CFJ Injury Lawyers to ensure your claim is handled correctly.
Q: Can I sue an uninsured driver for damages?
A: Yes, you can file a lawsuit against the uninsured driver. However, if they lack insurance, they may not have sufficient assets to cover your damages. An experienced attorney can help you explore other options for compensation.
Q: How much uninsured motorist coverage do I need?
A: South Carolina law requires a minimum amount of UM coverage, but increasing your policy limits can provide added protection in case of a serious accident.
Q: How long do I have to file a claim?
A: In South Carolina, the statute of limitations for personal injury claims is three years from the date of the accident. Don’t delay—contact CFJ Injury Lawyers as soon as possible to protect your rights.
Contact CFJ Injury Lawyers Today
Dealing with an uninsured driver can be stressful, but you don’t have to go through it alone. CFJ Injury Lawyers has the expertise and dedication to help you recover the compensation you deserve. With our proven track record, you can trust us to stand by your side and fight for your rights.