If you got hurt in a collision with someone who does not have liability insurance, you might be frustrated about how your losses will get paid. Uninsured car accident cases can be challenging, but you do not have to give up on your injury claim.
A Spartanburg uninsured car accident lawyer at the Hammack Law Firm can review your insurance policy and explore other options for getting compensation. Our lawyers work on a contingency fee basis, so you do not have to pay upfront attorney’s fees for our help. We get paid out of the settlement proceeds or award at the end of the matter. We do not get paid unless you win.
The initial consultation is at no charge. You can call us today at (864) 326-3333 to find out how we can help you. There is no obligation.
South Carolina Mandates That All Drivers Must Have Auto Insurance
Our state requires every driver to buy both liability and uninsured motorist coverage. According to the South Carolina Department of Insurance (DOI), you must have all of these coverage types to drive legally in our state:
- Bodily injury liability insurance: This coverage pays for other people’s injuries if you cause an accident. The minimum bodily injury liability insurance is $25,000 per person, with a total of $50,000, no matter how many people get hurt in one collision. Medical expenses, pain and suffering, and lost wages fall within bodily injury liability claims.
- Property damage liability insurance: This coverage pays for the vehicles, fences, buildings, and other items that get damaged in a collision. The coverage you buy pays for other people’s item repairs or replacement if you are at fault in the crash. You have to carry at least $25,000 of property damage coverage.
- Uninsured motorist insurance: This coverage on your auto policy pays the expenses and losses for your bodily injury and property damage to your belongings if the person who caused the collision did not carry the mandatory auto insurance or you were in a hit-and-run accident. The minimum coverage is the same as your bodily injury and property damage liability amounts (25/50/25).
You can also buy underinsured motorist coverage in South Carolina, but it is not mandatory. Your insurer must offer you underinsured coverage, but you can decline it. Underinsured coverage helps pay your losses for bodily injury or property damage if the driver who caused the accident does not have enough insurance to pay all of your damages.
The At-Fault Driver May Be Held Liable for Your Losses if They Were Negligent
The liability evaluation in a collision with an uninsured motorist is the same as any other car accident. We have to prove all four of these factors to hold the other driver responsible for your losses:
- Duty of care: The defendant had a legal obligation to drive with caution and obey the traffic laws.
- Breach of duty: If the defendant’s actions failed to measure up to the legal standard, they may be considered negligent. For example, if the uninsured driver ran a red light, they violated the law by not stopping for the red light. This violation breaches their legal duty of care and demonstrates negligence.
- Causation: The careless act must be the thing that caused the collision. The defendant crashed into another vehicle because he failed to stop at the red light. The negligence caused the accident.
- Measurable losses: In most negligence claims, one must have quantifiable losses to pursue financial compensation from the at-fault party. Physical injuries satisfy this requirement. Anyone who got hurt when the defendant ran the red light may pursue a claim for money damages.
After we establish these elements, we can pursue the defendant for compensation. You do not have to figure out all of these legal concepts on your own. A Spartanburg uninsured car accident lawyer at the Hammack Law Firm can handle your personal injury case while you focus on getting better. You can call us today at (864) 326-3333 for a free consultation.
There Are Ways to Get Your Damages Paid After a Crash with an Uninsured Motorist
It might feel as if you are juggling insurance policies when trying to get payment for your losses in a collision with an uninsured motorist. We do not have to stop our efforts when we exhaust the available insurance coverage. Some options may help pay your damages in an uninsured motorist accident in Spartanburg, such as:
Your Auto Insurance Policy’s Uninsured Motorist Coverage
If the other driver does not have the mandatory liability coverage, we may be able to make a claim with your uninsured motorist policy. The minimum coverage amount is $25,000/$50,000/$25,000, but that amount might not cover your total losses. We can fight to have your coverage be higher than the minimum amount.
Your Car Insurance Policy’s Medical Payments Coverage
If your auto policy includes coverage for your medical expenses, this item could help pay those costs. This coverage is separate from liability insurance for the medical expenses of other people.
Uninsured Driver’s Umbrella Liability Policy
Although the at-fault driver did not carry auto insurance, they might have other insurance that could help pay for your damages. Some people buy an “umbrella” liability policy as a rider to their homeowner’s insurance. Depending on the terms and exclusions, the policy limits for umbrella liability policies may cover your damages.
Uninsured Driver’s Personal Assets
If all of the available insurance coverage fails to pay all of your losses, we may explore whether it makes sense to get a judgment against the defendant and execute against their personal assets. We might be able to get compensation by going after their real estate, car, boat, wages, bank accounts, and investment.
Employer of Uninsured Motorist
We might have another option if the uninsured driver was on the job at the time of the accident. If so, the employer may hold some liability.
How an Attorney Can Help with Your Injury Claim
According to the South Carolina Department of Public Safety (SCDPS), one person gets injured every 9.1 minutes from a traffic collision in South Carolina. If the person who caused your accident did not have the required auto insurance, a Spartanburg uninsured car accident lawyer at the Hammack Law Firm may be able to help.
You can call us today at (864) 326-3333 to get a free consultation. You only have a short timeline for filing a lawsuit against the negligent party. If you miss the deadline, you can lose the right to go after compensation for your losses.