Hit by an Uninsured Driver in Columbia, SC? Here’s What You Can Do Next.
The shock of a car accident is bad enough. Finding out the other driver has no insurance adds a layer of deep frustration. You’re left wondering, “Who is going to pay for my car? What about my medical bills?”
Take a deep breath. You have options. This guide cuts through the noise and gives you a clear, simple action plan. We will cover exactly what to do, how your own insurance can help, and the critical mistakes to avoid.
Your At-the-Scene Checklist
If you’re reading this right after an accident, do these four things immediately:
- Call 911: Get police and medical help on the way. An official police report is the most important piece of evidence you will have.
- Get Their Info: Use your phone to take a picture of the other driver’s license and their license plate. Get their name and phone number.
- Take Your Own Photos: Document everything—the damage to both cars, skid marks, and the overall scene. You can’t have too many photos.
- See a Doctor: Even if you feel okay, get a medical evaluation within 24 hours. Adrenaline can mask serious injuries.
The Most Important Thing to Know: Your Own Insurance Is the Solution
Here is the key fact that surprises most people in South Carolina: When you are hit by an uninsured driver, your own insurance policy is designed to cover you.
This is done through a part of your policy called Uninsured Motorist (UM) Coverage. You’ve been paying for this protection. Now is the time to use it.
Think of it like this: Your UM coverage steps into the shoes of the at-fault driver’s missing insurance. It acts on their behalf to pay for your losses.
What can UM Coverage pay for?
- Medical Bills (for you and your passengers)
- Lost Wages if you can’t work
- Pain and Suffering
- Car Repairs (if you have UM property damage coverage)
What About “Underinsured” Motorist (UIM) Coverage?
They are similar but used in different situations.
- Uninsured (UM): The other driver has NO insurance.
- Underinsured (UIM): The other driver HAS insurance, but their policy limits are too low to cover all your medical bills. Your UIM coverage can make up the difference.
The South Carolina Advantage: “Stacking” Your Insurance
South Carolina law has a helpful rule called “stacking.” If you insure more than one car, you can often combine (or “stack”) the UM coverage from each vehicle.
Simple Example:
- You have two cars, each with $50,000 in UM coverage.
- An uninsured driver hits you.
- Instead of just $50,000, you can stack the policies to create a $100,000 coverage limit for your injuries.
This is a powerful tool, but you often need to know to ask for it.
Warning: Your Insurance Company Is Not Your Friend in a UM Claim
When you file a UM claim, you are filing it against your own insurer. Suddenly, their financial interests are opposite to yours. Their goal is to pay as little as possible. The friendly agent you normally deal with is replaced by an adjuster trained to minimize payouts.
This is where many people run into trouble. They assume their own company will treat them fairly, but that is rarely the case.
Three Critical Mistakes to Avoid
| Don’t Do This | Do This Instead |
| Give a recorded statement right away. They can use your words to deny or reduce your claim. | Politely decline until you’ve spoken with an attorney. You are not required to give one immediately. |
| Accept the first settlement offer. It’s almost always a lowball offer to see if you’ll go away cheaply. | Understand the full extent of your injuries and expenses first. Never settle until your medical treatment is complete. |
| Sign any medical release forms without reading them. They may try to access your entire medical history. | Only provide medical records directly related to the accident. An attorney can help manage this process. |
You Don’t Need to Face This Alone
Figuring out insurance after you’ve been hit by someone without insurance is confusing and stressful. You should be focused on your recovery, not fighting with an adjuster.
Having an experienced Columbia car accident lawyer on your side protects you. At Bailey Law Firm, LLC we will take over all communication with the insurance company, handle the paperwork, and build a case to get you the full compensation you are owed.
If you’re feeling overwhelmed or just have questions, give our firm a call at 803-667-9716.
Disclaimer – This blog is for informational purposes only and does not provide legal advice. For legal help, contact our licensed attorney in South Carolina.
