What Happens If the At-Fault Driver Has No Insurance in Rock Hill, South Carolina?
You were in a car accident. The other driver caused it. Then you find out they do not have car insurance.
What happens now?
Do not assume you cannot recover money just because the at-fault driver does not have insurance. There may still be insurance coverage available to pay for your injuries and losses.
Thompson Law Firm has an office in Rock Hill, South Carolina, and handles car accident cases in York County and throughout South Carolina. One of the first things we do after a serious crash is look for all available insurance coverage.
What Happens If Someone Hits You Without Insurance?
Finding out that the person who caused your accident does not have insurance can be stressful. You may already have medical bills, car damage, missed work, and injuries. Now you are wondering who is going to pay.
The at-fault driver's insurance is not always the only place to look. South Carolina auto policies include uninsured motorist coverage, often called UM coverage. This coverage can become important when the person who caused the crash does not have liability insurance.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage may protect you when you are injured by a driver who does not have insurance. Even though the other driver caused the crash, the claim may involve insurance coverage available to you.
That does not mean you caused the accident. It means your UM coverage may step in when the responsible driver does not have insurance available to pay the claim.
How Do I Know What Coverage I Have?
Do not guess based on what you remember buying. We can review the actual policies that were in place on the date of the crash.
Depending on the facts, we may look at your auto policy, the policy covering the vehicle you were riding in, policies connected to household vehicles, the at-fault vehicle, and any business or commercial insurance that may apply.
Insurance coverage can get complicated quickly. Our job is to look for every reasonable source of coverage.
What If I Was a Passenger?
You may still have options. If you were a passenger and an uninsured driver caused the crash, coverage may be available through the vehicle you were riding in or through another policy that applies to you.
What If I Was Hit While Walking or Riding a Bike?
UM issues are not limited to people driving cars. If an uninsured driver hits a pedestrian or bicyclist, there may still be insurance coverage to investigate. Whether coverage applies depends on the facts and the policies involved.
What If It Was a Hit-and-Run?
A hit-and-run can also involve uninsured motorist coverage. South Carolina has special rules for claims involving an unknown driver. For example, the accident should be reported to law enforcement within a reasonable time, and additional proof requirements may apply depending on the facts.
Because these cases have special requirements, contact a lawyer as soon as possible.
What If the Driver Has Insurance, But It Is Not Enough?
That is an underinsured motorist issue. Sometimes the at-fault driver has insurance, but the available limits are not enough to cover the injuries and losses from a serious crash.
South Carolina insurers must offer optional underinsured motorist coverage, commonly called UIM coverage. If you purchased it, UIM coverage may provide another source of recovery when your damages are greater than the at-fault driver's available liability coverage.
Can More Than One Insurance Policy Apply?
Possibly. The vehicle you were in may have coverage. You may have your own policy. Other policies may also apply depending on your household, the vehicles involved, and the facts of the crash.
We investigate the coverage instead of stopping when someone says, "There is no insurance."
What If the At-Fault Driver Was Driving Someone Else's Car?
The driver may not personally have insurance, but the vehicle may be insured. We may need to investigate who owned the vehicle, whether the driver had permission to use it, and what policies cover the vehicle or driver.
What If the Driver Was Working?
If the driver was working, making a delivery, driving a company vehicle, or doing something for a business, there may be additional insurance or responsible parties. We may investigate the employer, vehicle owner, commercial auto coverage, and other businesses involved.
Can You Sue the Uninsured Driver Personally?
Depending on the facts, a claim may still exist against the person who caused the crash. But getting a judgment does not automatically mean the person has money or assets available to pay it. That is why finding available insurance coverage can be so important.
What Can an Injury Claim Include?
Depending on the case, a claim may include medical expenses, future medical care, lost wages, loss of future income, pain and suffering, permanent injuries, scarring, property damage, and other losses caused by the crash.
What Should You Do After a Crash With an Uninsured Driver?
Get to a safe place, call law enforcement, and get medical treatment if you are hurt. If you can, take pictures and videos of the vehicles, damage, road, license plates, and other evidence. Get the other driver's information and the names and phone numbers of witnesses.
Most importantly, do not give up on your case just because the other driver says they do not have insurance. There may be coverage you do not know about.
Be Careful Talking to Insurance Companies
If the at-fault driver has no insurance, your claim may involve your own insurance company. Even though it is your insurer, it is still an insurance claim. Before giving a detailed statement or signing documents in a serious injury case, consider speaking with a lawyer.
How Can Thompson Law Firm Help?
We can investigate who owned the at-fault vehicle, review available insurance policies, look for UM and UIM coverage, determine whether the driver was working, gather evidence, document your injuries and losses, deal with insurance companies, negotiate the claim, and file a lawsuit when necessary.
How Much Does a Rock Hill Car Accident Lawyer Cost?
You do not have to pay us money upfront to handle your car accident case. At Thompson Law Firm, you pay nothing unless we win, subject to the terms of your representation agreement.
Serving Rock Hill, York County, and South Carolina
Thompson Law Firm has an office in Rock Hill, South Carolina. We handle car accident cases in Rock Hill, throughout York County, and in communities across South Carolina.
You do not have to live in Rock Hill or York County to contact our firm about a South Carolina accident.
Contact a Rock Hill Uninsured Motorist Accident Lawyer
If you were hurt by a driver who did not have insurance, do not assume there is no way to recover money. Thompson Law Firm can investigate the crash, review the available policies, and look for UM, UIM, and other possible sources of recovery.