Like most other states, South Carolina mandates that all motorists have auto insurance and carry proof of insurance whenever they are on the road. Additionally, drivers must have coverage for uninsured motorists.
This law aims to protect individuals involved in accidents with uninsured drivers, covering significant physical injuries and damage to the victim’s property. Unfortunately, many drivers are underinsured and unable to provide full compensation.
Worse still, hit-and-run incidents leave victims to bear the financial burden themselves.
If you have recently been involved in an accident with an uninsured or underinsured driver, contacting our uninsured motorist attorneys in Charleston is crucial. At the CEO Lawyer Personal Injury Law Firm, we are committed to securing the justice you deserve.
How Our Charleston Uninsured Motorist Accident Attorneys Can Assist You
At the CEO Lawyer Personal Injury Law Firm, our experienced legal team is dedicated to guiding you through every step of the process. Here’s how we can help:
- Determine Your Coverage: We’ll help you understand if you have uninsured motorist coverage to protect you in case of accidents with uninsured or underinsured drivers.
- File Your Insurance Claim: With our assistance, you can navigate the process of filing a claim with your insurance company, ensuring that you present a strong case for maximum compensation.
- Fight for Fair Compensation: Don’t settle for less than you deserve. Even if the other driver was clearly at fault, insurance companies may try to offer you a low settlement. We’ll negotiate on your behalf to ensure you receive the full compensation you’re entitled to.
Insurance companies prioritize their profits over recovery, but you deserve an advocate who will fight for your rights. Our Charleston personal injury attorneys have over a century of combined experience and a proven track record of securing millions of dollars in compensation for our clients.
How Can Our Charleston Uninsured Motorist Accident Law Firm Help?
Pursuing compensation for an uninsured or underinsured motorist claim can be extremely challenging. Insurance companies carefully evaluate these claims, often aiming to minimize their payouts.
To succeed, you must prove several elements, including that the other driver was at fault and their negligence caused the accident. Insurance adjusters may even argue that you were at fault to avoid paying out your claim.
If your vehicle insurance company denies your claim or attempts to limit your compensation unfairly, it’s important to retain a qualified attorney. Our Charleston attorneys can be your best chance to fight for fair and maximum compensation.
The CEO Lawyer Personal Injury Law Firm understands the common pitfalls in dealing with insurance companies and their strategies to minimize payouts. While you are busy dealing with the accident’s aftermath, an attorney can handle the complex process of securing the compensation you deserve, alleviating the additional stress from your shoulders.
How Our Charleston Uninsured Motorist Accident Attorneys Win Your Case?
Most car accident cases do not go to court. However, insurance companies rarely offer a complete settlement unless they believe they would lose in court.
That is why we handle every car accident case with the expectation of going to trial. From the beginning, we will investigate your accident, gather evidence of your injury, and develop a comprehensive case strategy.
Our approach includes:
- Identifying and questioning witnesses
- Downloading the cars’ black box/crash data recorders to uncover information about the speed of the vehicles, braking, throttle, etc.
- Using accident reconstruction experts to provide evidence of the car crash and vehicle damage
- Engaging medical experts to demonstrate the extent of your injury, rehabilitation, and lifelong impacts
- After gathering evidence from your car accident, we will vigorously negotiate with the insurance companies on your behalf. If they do not agree to pay a fair settlement amount, we are fully prepared to take your case to court.
Do not settle for less than your claim is worth. Speak to our car accident personal injury attorneys before you talk to the insurance companies.
What to Do if You’re in an Accident With an Uninsured or Underinsured Motorist
When possible, take steps to protect yourself from the irresponsible actions of a motorist who fails to comply with mandatory minimum insurance laws. Following these steps after an accident is crucial, especially if the negligent motorist does not have adequate insurance:
- Take pictures of the accident scene
- Talk to witnesses, get their phone numbers, and ask them to write a statement
- Obtain the police report related to the accident
- Inform the police if you suspect the motorist is impaired by alcohol or drugs
- Contact our Charleston lawyer immediately
If you’re severely injured in an accident due to a negligent motorist, some of these steps may be challenging to complete. Your Charleston underinsured motorist lawyer will thoroughly investigate such cases on your behalf.
How Do Uninsured Motorist Claims Work in Charleston, South Carolina?
If you have recently been involved in a serious vehicle accident in South Carolina, you may find that your damages and personal injury costs add up quickly. Medical bills can accumulate to thousands of dollars; without an avenue to recover compensation, these debts may follow you for years.
South Carolina law protects personal injury victims harmed in vehicle accidents or other incidents where someone else is responsible for their injuries. If you are struck by a hit-and-run driver or an uninsured or underinsured driver, you may need to pursue compensation through your insurance policy.
Unfortunately, this may mean you are not fully compensated for your losses.
Although South Carolina’s minimum coverage requirements might seem substantial, the expenses from a severe personal injury accident can far exceed these limits. A few days in the hospital can result in tens of thousands of dollars in charges.
Without a knowledgeable attorney to help you explore every available avenue for compensation, you may face significant financial stress.
Our experienced attorneys can guide you through filing an uninsured motorist claim, ensuring you maximize the compensation you deserve.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured/Underinsured Motorist (UM/UIM) coverage is a type of insurance that provides financial protection if you are involved in an accident with a driver who either doesn’t have any insurance or doesn’t have enough insurance to cover the full extent of the damages. This coverage is particularly important because, despite legal requirements, not all drivers carry sufficient insurance, leaving others vulnerable in the event of an accident.
Uninsured Motorist (UM) Coverage is designed to protect you when the at-fault driver has no insurance. Suppose you’re in an accident caused by an uninsured driver. In that case, your UM coverage can help cover your medical expenses, lost wages, pain and suffering, and other damages that you would have pursued from the at-fault driver’s insurance.
Underinsured Motorist (UIM) Coverage comes into play when the at-fault driver has some insurance, but it’s not enough to cover the full cost of your damages. For example, suppose your medical bills and other expenses amount to $50,000 but the at-fault driver’s insurance only covers $25,000. In that case, your UIM coverage can help bridge the gap by covering the remaining $25,000.
In many states, including South Carolina, UM coverage is mandatory, meaning your auto insurance policy must include it. UIM coverage, on the other hand, is often optional, but it is highly recommended as it provides an additional layer of protection.
Having UM/UIM coverage ensures you are not left financially vulnerable after an accident caused by an uninsured or underinsured driver. It also offers peace of mind, knowing that you have a safety net to cover unexpected costs, even if the responsible party cannot. This coverage can be essential for motorcyclists, who are at a higher risk of injury in accidents and often face more severe financial consequences.
Is It Possible to Sue an Uninsured Motorist?
Yes, you can sue an uninsured motorist if involved in a motorcycle accident in South Carolina. When an uninsured motorist causes an accident, the injured party can file a personal injury lawsuit against the at-fault driver to recover damages. These damages include medical expenses, lost wages, pain and suffering, and property damage.
South Carolina law requires all drivers, including motorcyclists, to carry uninsured motorist (UM) coverage as part of their auto insurance policy. If the at-fault driver is uninsured, you can file a claim under your own UM coverage to receive compensation for your injuries and damages. However, if the damages exceed your UM coverage limits, or if you want to seek additional compensation, you have the option to sue the uninsured driver directly.
It’s important to note that even if you win a lawsuit against an uninsured motorist, collecting the judgment can be challenging if the driver has limited assets. Consulting with a personal injury attorney can help you understand your legal options and determine the best action to pursue compensation after a motorcycle accident involving an uninsured motorist in South Carolina.
Proving Negligence in an Uninsured Motorist Claim
To recover damages under an uninsured motorist policy, you must demonstrate that the uninsured or underinsured driver caused your accident. This involves proving negligence, which requires establishing:
- A legal duty of care.
- Breach of duty.
While proving negligence may seem straightforward, it can be challenging, especially if the uninsured driver alleges your fault. Insurance companies often contest claims by disputing negligence, alleging shared fault, downplaying injuries, or invoking policy limitations to deny or reduce benefits.
Our Charleston lawyers know these strategies and can successfully challenge unfair business practices to get accident victims just compensation. We are prepared to manage the particulars of your case since we recognize the difficulties in establishing negligence.
If you were injured in an accident involving an uninsured motorist, contact the CEO Lawyer Personal Injury Law Firm for expert assistance today. We are committed to fighting for your rights and ensuring you receive the compensation you deserve.
Other Common Car Accident Claims in Charleston We Manage
At the CEO Lawyer Personal Injury Law Firm, we specialize in handling a wide range of car accident claims in Charleston, including:
- Airbag Injuries: Airbag deployment during accidents can cause burns, bruises, and fractures.
- Chest Injuries: Collisions may result in chest trauma, including rib fractures, internal organ damage, and cardiac issues.
- Distracted Driving: Accidents caused by drivers distracted by texting, using cell phones, or other activities.
- Defective Tire Accidents: Tire blowouts or tread separation due to manufacturing defects or improper maintenance.
- Drunk Driving: Crashes caused by drivers under the influence of alcohol or drugs, often leading to severe injuries and fatalities.
- Head-On Collisions: Frontal impacts usually result in catastrophic injuries due to the high force of impact.
- Highway Crashes: Accidents on highways or interstates, often involving high speeds and multiple vehicles.
- I-95 Accidents: Special focus on accidents occurring on Interstate 95, a major thoroughfare in Charleston.
- Intersection Crashes: Collisions at intersections due to failure to yield, running red lights, or other violations.
- Lane Change Accidents: Accidents caused by improper lane changes, resulting in side-swiping or collisions.
- Left-Turn Crashes: Accidents occur during left turns, often leading to T-bone collisions.
- Parking Lot Accidents: Collisions in parking lots due to negligent driving or failure to observe traffic rules.
- Rear-End Accidents: Common accidents where one vehicle strikes the rear of another, often resulting in whiplash injuries.
- Red and Yellow Light Accidents: Crashes caused by drivers running red lights or failing to stop at yellow lights.
- Rollover Accidents: Vehicles overturning due to high speed, sharp turns, or collisions with other vehicles or obstacles.
- Seatbelt Injuries: Injuries resulting from seatbelt use during accidents, including bruises, fractures, and internal injuries.
- Self-Driving Accidents: Accidents involving autonomous or semi-autonomous vehicles raise unique liability and legal issues.
- Single-Vehicle Accidents: Accidents involving only one vehicle are often caused by speeding, weather conditions, or road hazards.
- Speeding Accidents: Collisions caused by excessive speeding, leading to severe injuries and fatalities.
- SUV Rollover Accidents: SUVs are more prone to rollover accidents due to their higher center of gravity, which can result in serious injuries.
- U-Turn Accidents: Crashes occur during U-turns, often leading to collisions with other vehicles or pedestrians.
The CEO Lawyer Personal Injury Law Firm’s skilled attorneys can assist you if you have been injured in any vehicle accident in Charleston. We’ll put out endless effort to make sure you get paid for the losses and injuries you are entitled to. For a free consultation, reach out to us right now.
Working With Our Charleston Uninsured Motorist Accident Lawyers Attorneys
Insurance companies scrutinize all claims closely, but uninsured or underinsured motorist claims receive even more intense evaluation. These companies aim to minimize the compensation they provide.
To succeed, you must demonstrate that the other motorist was at fault and that their negligence and recklessness caused the accident. Adjusters might argue that you were at fault without clear evidence, absolving the insurance company from providing any support.
It is crucial to have our skilled uninsured motorist lawyers in Charleston by your side. They will help you gather and present the necessary evidence to prove your case and ensure you receive the compensation you deserve.
If you need help in your car accident case, call Charleston Car Accident Lawyer today at (843) 530-7813 or e-mail me for your FREE confidential consultation.
FAQs:
I was hit by an uninsured driver while riding my motorcycle in Charleston, and they fled the scene. Can I still file a claim?
Yes, you can file a claim under your uninsured motorist (UM) coverage if the at-fault driver fled the scene. Your UM coverage is designed to protect you when the responsible driver is uninsured or cannot be identified, such as in a hit-and-run accident.
The driver who hit me in Charleston had minimal insurance, but my medical bills were far higher. What can I do?
In this case, you can file a claim under your underinsured motorist (UIM) coverage. UIM coverage is designed to cover the difference between the at-fault driver’s insurance limits and the total amount of your damages, ensuring you are not left with unpaid expenses.
I was a passenger in a car hit by an uninsured driver in Charleston. Can I file a claim even though I wasn’t the driver?
Yes, as a passenger, you can file a claim under the driver’s uninsured motorist coverage or your own UM coverage, if applicable. A Charleston uninsured motorist accident lawyer can help you navigate the process and ensure you receive compensation for your injuries and other damages.