Accidents involving uninsured or underinsured motorists (UM/UIM) can be overwhelming. These situations often leave victims with significant medical bills, lost income, and unanswered questions about recovering financially. If you’re in Charleston or had a car accident in South Carolina, understanding your options and the relevant laws can make a significant difference in the outcome of your claim.
What Are Uninsured and Underinsured Motorist Accidents?
Uninsured and underinsured motorist accidents occur when a driver lacks any or adequate automobile insurance coverage to compensate for damages. These accidents are, unfortunately, common and can arise from situations like:
- A driver not carrying the legally required insurance.
- The at-fault driver’s insurance coverage being too low to cover all damages.
- Hit-and-run accidents where the other driver cannot be identified.
South Carolina’s Insurance Requirements
South Carolina law requires all drivers to carry uninsured motorist coverage as part of their auto insurance policy. There are minimum required amounts drivers are required to have.
Underinsured motorist coverage is optional. It provides additional financial protection when the at-fault driver’s liability insurance doesn’t cover all your losses.
Legal Framework for UM/UIM Claims in Charleston
South Carolina has specific laws governing uninsured and underinsured motorist claims. Understanding these laws is essential to building a strong case.
Uninsured Motorist Coverage in South Carolina
Uninsured motorist (UM) coverage helps protect you if the at-fault driver has no insurance. It may cover:
- Medical bills
- Lost income; and
- Other losses.
Underinsured Motorist Coverage Explained
Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance doesn’t fully cover your damages. For instance, if your medical bills total $100,000 but the at-fault driver’s liability policy covers only $25,000, UIM coverage may pay the remaining amounts if you have purchased the extra coverage..
Stacking Policies for Maximum Compensation
South Carolina may allow “stacking” of UM/UIM policies. If you own multiple vehicles, you may be able to combine policies to maximize compensation. For example, if each vehicle has $25,000 in UM/UIM coverage, you may be able to stack the policies to increase your coverage.
Statute of Limitations
In South Carolina, typically one has three years from the date of the accident to file a UM/UIM claim or a personal injury lawsuit. Filing promptly ensures you don’t lose your right to compensation.
Steps to Take After a UM/UIM Accident in Charleston
What you do immediately after an uninsured or underinsured motorist accident can significantly impact your claim’s success. Follow these steps to protect your rights and build a strong case:
- Call the Police: Always report the accident to law enforcement. A police report documents the incident and provides critical evidence for your claim.
- Notify Your Insurance Company: Inform your insurer as soon as possible about the accident. Provide them with the police report and other necessary details.
- Document the Scene:
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Collect witness contact information.
- Seek Medical Attention: If you are hurt or suffered injuries, see a doctor. Prompt treatment and medical records may be essential evidence for your claim.
- Consult an Attorney: Given the complexities of UM/UIM claims, working with an experienced Charleston attorney can help ensure you navigate the process effectively.
Challenges in UM/UIM Claims
Filing an uninsured or underinsured motorist claim can be challenging. Here are common hurdles victims face:
Insurance Disputes
Insurance companies often try to minimize payouts by:
- Disputing the severity of your injuries;
- Denying the claim; or
- Offering settlements that don’t fully cover damages.
Proving Liability
Establishing that the at-fault driver was uninsured or underinsured—or identifying them in a hit-and-run accident—requires evidence, such as a police report or witness statements.
Calculating Damages
Victims may struggle to account for non-economic damages like pain and suffering or future medical expenses. Proper documentation and legal representation can help ensure fair compensation.
How a Charleston Attorney Can Help with UM/UIM Claims
Navigating UM/UIM claims involves understanding complex insurance policies and South Carolina laws. A Charleston personal injury attorney can:
- Review Your Policy: Help you understand your coverage options, including stacking policies.
- Negotiate with Insurers: Handle communications with the insurance company to secure a fair settlement.
- File a Lawsuit: Represent you in court if a settlement cannot be reached.
Questions to Ask Your Attorney
When choosing legal representation, consider asking:
- What is your experience with UM/UIM cases?
- How do you handle disputes with insurance companies?
- What are your fees, and do you work on a contingency basis?
Protecting Your Rights: Key Takeaways
- Know Your Coverage: Understand the details of your UM/UIM policy.
- Act Quickly: File claims and seek legal advice promptly to meet deadlines.
- Document Everything: Keep thorough records of accident details, medical bills, and other expenses.
- Hire an Attorney: Professional guidance can maximize your chances of receiving fair compensation.
Conclusion
Uninsured and underinsured motorist accidents can have long-lasting consequences, but understanding your options in Charleston can help you regain control. Whether it’s utilizing your UM/UIM coverage, negotiating with insurers, or pursuing legal action, taking steps to contact an attorney is key to securing the compensation you need.
If you've been involved in an uninsured or underinsured motorist accident in Charleston, it's crucial to understand your rights and take prompt action to secure the compensation you deserve. At Kahn Law Firm, LLP, our experienced personal injury attorneys are dedicated to guiding you through this challenging time with personalized legal representation.
Why Choose Kahn Law Firm, LLP?
- Available 24/7 with Weekend Appointments: We understand that accidents don't adhere to a 9-to-5 schedule, and neither do we.
- Free Consultations: Discuss your case with us at no cost, so we can evaluate your situation and advise you on the best course of action.
- No Fees Unless We Win: Our contingency fee arrangement means you don't pay any legal fees unless we secure compensation for you.
- Board Certified Lawyers with Over a Century of Collective Experience: Our team brings extensive knowledge and expertise to handle your case effectively.
Don't navigate the complexities of UM/UIM claims alone. Contact us today to schedule your free consultation. Our dedicated attorneys will work tirelessly to protect your rights and help you achieve the best possible outcome.
Disclaimer: This blog post is intended for informational purposes only
and should not be taken as legal advice.