What Should You Do When Hit by an Uninsured Driver in South Carolina?

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Marleny Hucks
Marleny Huckshttp://MyrtleBeachSC.com
Marlene (or Marleny as she is known in Spanish) is a mentor, teacher, cross-cultural trainer, storyteller, writer, and for those who have been under her leadership or simply sat across the table from her, she is a mirror of destiny. Her love of word and image were formed early on by one of her heroes, Dr. Seuss. If you asked those who know her well, they would describe her a compassionate, funny, wise, curious, honest, real, strong, sensitive and totally human which comes out as she teaches and writes. She sees all of life, even the most mundane, through faith and believes that who we become as we live this side of the veil is what matters not the journey itself or our circumstances. Marleny Hucks has spent her life crossing bridges. She comes from a diverse background of ministry roles and contexts as well as has transitioned in and out of the business world. Having lived outside the country as well as traveled extensively she has a fascination with culture causes her to live her life within a global mosaic no matter where her feet are planted. Marlene currently lives in South Carolina with her husband David, who owns a news company but who she says is a “crime fighter”, bringing light into darkness in their systems of their city. Marleny currently works as a content management specialist covering Myrtle Beach News for MyrtleBeachSC News.

A traffic accident victim may lose all prospect of receiving major compensation for their losses after discovering the at-fault motorist lacked insurance. After all, payment of damages is only feasible when the other party can do so. However, you have options, such as requesting compensation from your insurance provider if your are hit by an uninsured driver.

Even though states like South Carolina mandate that all motorists have liability insurance, up to 10% of all motorists on the road choose to drive without it. What comes into play if an uninsured motorist injures you? 

The good news is that uninsured drivers are also covered if you carry liability insurance. To receive payment, however, you must still submit a claim to the insurance provider, and they may take some time to pay you the full amount of your claim.

If you have been involved in a car accident with an uninsured motorist, contact a South Carolina car accident lawyer. They will be able to deal with the insurance companies for you and because of their expertise, will be able to obtain the maximum compensation for your injuries.

Uninsured Motorist Statistics

Unfortunately, many states in the U.S. have a high rate of uninsured vehicle drivers. In South Carolina alone, 10.9% of motorists are uninsured, based on the Insurance Information Institute. A driver’s lack of insurance is typically due to one of the following:

  • If a motorist has a history of drunk driving, their insurance premium will be higher, which they cannot manage or refuse to pay.
  • If motorists have a bad driving history, their insurance premiums will also be higher. 
  • If a driving license is suspended, or the driver is not legally allowed to drive.

Pursuing Your Uninsured Driver Policy

According to Forbes, negligent drivers are compelled to buy ever-growing quantities of uninsured motorist (UM) protection due to uninsured motorists, increasing the cost of insurance for others. Fortunately, UM coverage can be used in precisely the circumstance you require it for right now if you have it. 

You can get a claim with your insurer if it has been determined or shown that a motorist who did not have auto insurance caused your injuries. Even though it’s your insurance provider, they won’t give you your full pay without lengthy negotiations, mediation, and possibly litigation, so you should engage with an attorney throughout this process.

If you are wounded in a hit-and-run accident and cannot locate the vehicle or driver who hit you, you may still be able to file a UM case. A special statute in South Carolina permits some people to drive without liability insurance provided they identify as uninsured drivers and contribute $550 to an uninsured motorist fund. This rule may encourage much more people to drive without liability coverage.

It’s crucial to realize that, although you submit a UM case to “your” insurance provider, your objectives and those of the latter aren’t the same.

What Happens If I Don’t Have UM Protection?

It is possible to seek payment directly from the negligent person, such as pursuing the uninsured motorist’s assets or tampering with their wages, if you don’t have UM insurance or your policy is insufficient to compensate your losses. If they don’t have insurance, it usually indicates they don’t have any real assets, to begin with.

Even if they have their own house, the possibility of a judge approving the transfer of that real estate to you is small, given that they were uncovered. However, even if they own a house, it is doubtful that a court will approve the transfer unless they own many houses.


By law, all drivers must be covered by auto insurance. Sadly, some drivers choose to drive with no form of coverage at all because they lack regard for others who are on the road. This makes it harder for injured parties to get paid for medical expenses, suffering and pain, lost income, and property loss. If you were injured by an uninsured motorist, seek medical attention first, and then begin your search for legal assistance.

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