If you were hit by an uninsured driver in South Carolina, your own car insurance is usually where the money comes from. State law requires every auto policy here to carry uninsured motorist coverage, called UM (S.C. Code Ann. § 38-77-150). It pays what the other driver would have owed you. The catch is who you’re dealing with. Your claim runs against your own insurance company.
Who Pays When an Uninsured Driver Hits You?
Your own insurance company pays, through your UM coverage. You paid premiums for years, and now you’re filing against your own policy.
The Insurance Research Council estimates 10.3% of South Carolina drivers were uninsured in 2023 (Insurance Information Institute). Nationwide it was 15.4% (Insurance Information Institute).
You can also sue the uninsured driver yourself. Can you collect from them? Often not. A driver who skips insurance rarely has money sitting around. That’s why UM exists.
Why Does Your Own Insurance Company Act Like the Other Side?
Because, legally, it can be. The statute gives your insurer “the right to appear and defend in the name of the uninsured motorist” (S.C. Code Ann. § 38-77-150(B)). It gets thirty days after it’s served to show up.
The company on your insurance card can hire a lawyer to argue the uninsured driver wasn’t at fault. Or that you weren’t hurt as badly as you say.
So the friendly adjuster isn’t really on your team. They may ask for a recorded statement. Keep answers short and honest. Talk to a lawyer before you sign anything.
What If the Driver Was Insured, Just Not Enough?
That’s underinsured motorist coverage, or UIM. It’s a separate piece of your policy. Your insurer has to offer it, but you decide whether to buy it (S.C. Code Ann. § 38-77-160).
Check your declarations page, the summary sheet that comes with your policy. If it lists UIM, it may help when the other driver’s coverage runs out before your bills do.
What If It Was a Hit-and-Run?
A hit-and-run can still be a UM claim, but South Carolina sets conditions first (S.C. Code Ann. § 38-77-170). The crash has to be reported to police within a reasonable time. Then you need one of three things.
- The other car physically touched yours.
- A witness, not you, signs an affidavit about what happened.
- A recording shows the other car caused the wreck.
That third option is new. The legislature rewrote this section in 2024 (2024 Act No. 180). Dashcam video, a doorbell camera or a store’s security footage may now count.
The law also says you can’t have been careless about getting the other driver’s identity. And the case can be filed against “John Doe” when no one knows who they are (S.C. Code Ann. § 38-77-180). Our page on hit-and-run accidents covers more.
What Should You Do Right Now?
Call the police, even if the other driver begs you not to.
Get their name, plate and photos. Ask anyone who stopped for a phone number. Look for cameras nearby, since footage gets recorded over fast.
Then see a doctor and keep every appointment. Here’s more on what to do after a car accident that wasn’t your fault. If the other driver came from another state, read what to do after a collision with an out-of-state vehicle.
South Carolina also sets deadlines for these claims, and exceptions exist. Please ask a lawyer about your own dates rather than counting them yourself.
Frequently Asked Questions
Will my rates go up if I was hit by an uninsured driver?
That depends on your insurer and your policy. Ask your agent directly, in writing.
Can I sue a driver with no insurance in South Carolina?
Yes. Collecting is the hard part, which is why UM coverage matters.
What if I was a passenger when an uninsured driver hit us?
Several policies may apply. A lawyer can read them side by side.
Does a car accident with an uninsured driver need a police report?
For a hit-and-run UM claim, South Carolina requires one.
Call Us Soon After a Crash With an Uninsured Driver
Chris Wilson and Lauren Dangerfield have more than three decades of combined experience in injury cases at Wilson Law Group, LLC. Read about our work as a South Carolina car accident lawyer, then call 803-245-7799 or use our contact page for a free consultation, with no obligation. The deadline may look far off. Still, call right away. Camera footage gets erased, witnesses forget, and every insurance policy that might apply needs to be found early.
This article is general information about South Carolina law, not legal advice. Reading it doesn’t create an attorney-client relationship.
