Who Covers My Losses If I Was Injured by an Uninsured Driver?

James Law Office, LLC

If you were recently injured in a South Carolina car accident, your first step compensation-wise will be to sue the at-fault driver. But what happens if the at-fault driver is uninsured?

This blog will explain what uninsured motorist coverage is and how it can help you in a difficult situation. And don’t hesitate to contact an experienced Darlington County, South Carolina auto accident lawyer if you’ve been in an accident. We’ve handled many car accident cases and we’ll guide you to the best possible outcome.

What Is Uninsured Motorist Insurance?

When you recover for a car accident in South Carolina, it is from the insurance of the at-fault driver. You may be wondering what, then, happens if the other driver doesn’t have insurance.

By law in the Palmetto State, every driver must have uninsured coverage from their insurance company. This is your first option when the at-fault driver doesn’t have insurance. If the driver of the car has uninsured motorist coverage, you would recover from them, whereas if they don’t, you’ll recover from your own auto policy.

In a helpful wrinkle for those painful and stressful times after an accident, you’re even allowed to use your own uninsured motorist policy to recover more, especially if the at-fault driver’s insurance isn’t enough to cover your accident injuries and associated costs.

That being said, recovering from your own insurance company comes with its own complications. You would be best served by doing so only with an experienced lawyer’s advice, because your insurance company will defend the at-fault driver to avoid paying you. Lawyers who deal with insurance companies every day will know what to do.

Money & Underinsurance: The Critical Factor in a Car Accident Settlement

Because of the high cost of both automobile repairs as well as healthcare, most drivers won’t personally have enough funds to pay a particularly large settlement, if at all. They would be depending on their insurance to cover however much your compensation should be. For that reason, you should be aware of how much their insurance policy covers.

Similarly, and as referenced above, you should also know your own policy very well, so that you can negotiate for a bigger settlement, not just through uninsured motorist coverage insurance, but also through underinsurance. Underinsurance coverage is meant to cover your compensation when the at-fault driver lacks enough insurance. In these cases, you might even be able to increase your settlement through stacking, if the at-fault driver was a family member with whom you live.

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