All motorists in Columbia and South Carolina are required to carry minimum amounts of auto insurance. Still, auto insurance premiums can be expensive, and many drivers decide to hit the road without purchasing insurance first. If an uninsured motorist has caused an accident that left you with serious injuries, you likely have many questions regarding who will pay for your medical expenses, lost income, and other losses. Below, our Columbia uninsured motorist accident attorney answers many of the questions you may have.
Coverage Available After an Uninsured Motorist Accident
After an accident with an uninsured motorist, you can claim compensation from your own auto insurance policy. In Columbia and throughout South Carolina, all motorists are required to purchase uninsured auto insurance. This gives you the protection you need when in an uninsured motorist accident. Drivers also have the option to purchase underinsured motorist coverage in South Carolina.
To obtain damages from your own insurance company, you will have to contact them to inform them of the accident and the fact that the negligent driver did not have auto insurance. The insurer will then investigate the claim and process it to determine the amount of coverage you have and the damages you are entitled to. South Carolina law also provides the option of stacking insurance policies. This means you may be able to claim compensation from multiple insurance policies, so you can claim the full amount of damages you are entitled to.
In South Carolina, uninsured motorist coverage is required by law. All motorists must carry a minimum of $25,000 in bodily injury coverage per person, $50,000 in bodily injury coverage per accident, and $25,000 in property damage. Motorists do have the option to purchase higher amounts, which can provide more protection if you are in an uninsured motorist accident.
Damages Available After an Accident with an Uninsured Motorist
Uninsured policies can provide all of the same damages that are available after other types of accidents. These include:
- Medical expenses
- Lost income
- Lost earning capacity
- Pain and suffering
- Property damage
The above damages are critical when you need protection from the financial burden caused by an accident with an uninsured motorist. If you do not have this type of coverage, you could have to pay for the damages on your own. Out of all motorists in South Carolina, approximately six percent do not have proper insurance. Due to this, it is important that you purchase at least the minimum amounts and purchase additional insurance, if possible.
Underinsured Motorist Coverage in South Carolina vs. Uninsured Coverage
If you are involved in an accident with a driver who does not have any insurance at all, your own uninsured coverage will apply.
On the other hand, underinsured motorist coverage in South Carolina applies when a negligent motorist has some coverage, but it is not enough to fully cover the cost of your injuries and other losses. In this instance, your own underinsured motorist coverage would cover the difference.
In South Carolina, insurance companies are required by law to offer underinsured motorist coverage. However, unlike uninsured motorist coverage, you are not required to purchase it.
Similarly to uninsured motorist coverage, though, it is always recommended that you purchase underinsured motorist coverage in the event that you are ever involved in a crash with a driver who does not have sufficient coverage.
Can You File a Lawsuit Against an Uninsured Motorist in South Carolina?
If you are involved in a car accident with an uninsured driver in South Carolina, you do have the option to take legal action against the negligent driver who caused your crash. You must show that the uninsured driver was to blame for the crash and demonstrate the severity of your injuries and other losses. To do this, it is critical that you obtain the police report, witness statements, medical records, and other evidence that can prove your case.
There are many challenges associated with filing a lawsuit, particularly when taking action against an uninsured motorist. People who do not purchase the required minimum amounts of auto insurance often cannot afford the monthly premiums. As such, they may also not have the necessary property to pay the full damages you are entitled to. Still, you may be able to obtain a judgment to garnish their wages or take other legal measures to ensure you receive full damages.
When filing a lawsuit against an uninsured motorist, it is critical that you work with a Columbia uninsured motorist accident attorney. A lawyer can outline your specific legal options and help you navigate the legal process. Filing a lawsuit against an uninsured motorist and obtaining the damages you deserve is not easy, and the help of an attorney can be invaluable.
An attorney who is experienced with uninsured motorist claims will have the necessary skills and knowledge to navigate the complicated legal process. An attorney can advocate effectively for your rights and secure the maximum damages for your injuries and other losses. An attorney will also understand the strategies and tactics insurance companies use to reduce, delay, and deny payouts.
An experienced attorney knows how to fight back against the large insurance companies. They will also know how to protect your rights and ensure they are upheld. Without the help of an attorney, even the smallest mistake could result in a loss of the compensation you deserve.
Contact Our Uninsured Motorist Accident Attorney in Columbia Today
At Rikard & Protopapas, our Columbia uninsured motorist accident attorneys are committed to fighting for your rights and making sure you receive the full and fair compensation you are entitled to. If you have been involved in an accident with an uninsured driver, do not wait to contact us today to learn more about how we can help with your case. We can outline your legal options, advise on the one that is best for you, and help you overcome the challenges these cases present. Call us now or fill out our online form to schedule a consultation with our experienced attorney and to get the legal advice you need.