What Happens If the At-Fault Driver Is Uninsured in a Myrtle Beach Car Accident?

If an uninsured driver causes a Myrtle Beach car accident, the injured person may still have insurance coverage available. South Carolina automobile policies are required to include uninsured motorist coverage, commonly called UM coverage. Depending on the policy and the facts, UM coverage may help pay losses the uninsured driver would otherwise be responsible for.

An uninsured motorist claim is made through an insurance policy, but it is still an injury claim that requires proof of fault, causation, damages, and coverage. Your own insurance company does not automatically accept every part of the claim simply because the other driver had no insurance.

What Does Uninsured Motorist Coverage Mean in South Carolina?

Uninsured motorist coverage is designed to protect insured people when the responsible driver does not have applicable liability insurance. It may also apply in qualifying hit-and-run cases when the responsible driver cannot be identified.

UM coverage is different from underinsured motorist coverage. An uninsured driver has no applicable liability coverage. An underinsured driver has insurance, but the available liability limits may not be enough to cover the injured person's proven losses. South Carolina insurers must offer underinsured motorist coverage, but whether a particular person has UIM coverage depends on the policy.

Derrick Law Firm Injury Lawyers discusses these coverages in resources about being injured by an uninsured driver and being injured by an underinsured driver.

Which Insurance Policy May Apply?

The answer can depend on who was injured, what vehicle they occupied, and how the applicable policies define an insured person. Potential policies may include:

• The policy covering the vehicle involved in the crash.
• A policy issued to the injured person or a resident relative, depending on policy language and South Carolina law.
• Policies covering other vehicles when stacking or additional coverage is legally available.
• Collision coverage for vehicle damage.
• Medical payments coverage for eligible medical expenses.

Insurance coverage analysis can become technical when there are multiple vehicles, multiple household policies, rideshare vehicles, rental cars, company vehicles, or disputes about who qualifies as an insured.

What If the Other Driver Says They Are Insured?

Do not assume insurance coverage exists solely because a driver provides an insurance card. A policy may have lapsed, the vehicle may not be covered, an insurer may dispute whether the driver had permission to use the vehicle, or another coverage issue may exist.

Likewise, an initial statement that a driver is uninsured may turn out to be incomplete. A vehicle owner's policy, employer policy, or another form of liability coverage may need to be investigated.

How Does an Uninsured Motorist Claim Differ From a Liability Claim?

In an ordinary car accident claim, the injured person usually seeks payment from the at-fault driver's liability insurer. In an uninsured motorist claim, the injured person seeks benefits under applicable UM coverage while still proving that the uninsured driver was legally responsible for the crash.

That can create an unusual situation: the insurer that issued coverage to you or your household may dispute fault, the cause of an injury, the amount of medical treatment, or the value of claimed damages. Policy conditions and procedural requirements can also affect how the claim must be handled.

What Evidence Should You Preserve?

Evidence is important even when insurance coverage is the main concern. Preserve:

• The police report and exchange-of-information documents.
• Photos and video from the crash scene.
• Witness contact information.
• Photos of vehicle damage.
• Medical records and bills.
• Documentation of missed work or reduced earnings.
• Every insurance policy and declarations page that may apply.
• Letters, emails, and claim documents from insurance companies.

Do not discard a policy merely because you are unsure whether it applies. Coverage questions should be evaluated from the actual policy language and the facts.

What If the Uninsured Driver Leaves the Scene?

A hit-and-run involving an unknown driver has additional South Carolina requirements. The crash should be reported to law enforcement within a reasonable time, and current law requires qualifying evidence such as physical contact, an independent witness, or a recording showing that the unknown vehicle caused the injury or damage. Other requirements also apply.

For more detail, see the firm's resource about South Carolina hit-and-run accidents.

How Can Drivers Protect Themselves Before a Crash?

Insurance decisions made before an accident can determine which benefits are available afterward. Drivers may want to review UM limits, whether they purchased UIM coverage, collision coverage, medical payments coverage, deductibles, and the vehicles and household members listed on the policy.

The firm's guide to protecting yourself when buying car insurance explains why these choices matter.

Talk With Derrick Law Firm Injury Lawyers About an Uninsured Driver Crash

An uninsured driver does not necessarily mean there is no source of compensation. Derrick Law Firm Injury Lawyers can review the collision, the available insurance policies, and the losses involved and explain which claims may be available under South Carolina law.