When involved in a car accident, individuals can typically file a claim with the at-fault party’s car insurance company, get their vehicle repaired, and potentially recover compensation for personal injuries, lost wages, and medical expenses. However, complications arise when the at-fault party lacks insurance to cover the damages.
If the victim does not have uninsured or underinsured motorist coverage, they may have to pay out-of-pocket for their damages and medical expenses.
Many drivers believe that having insurance will cover their damages from any type of accident. However, “full coverage” generally refers to liability coverage, which protects the insured driver if they are at fault for an accident.
Full coverage typically includes comprehensive and collision coverage to repair or replace the insured’s vehicle in case of theft or damage.
If you are involved in an accident that is not your fault with an uninsured or underinsured motorist, it’s important to have uninsured/underinsured motorist insurance (UM/UIM coverage).
Hire Our Goose Creek Uninsured Motorist Accident Attorneys to Secure the Compensation You Deserve
Being involved in a car accident is already distressing. The situation can become even more challenging when the other driver utters the dreaded words: “I don’t have insurance.”
While this can seem overwhelming, there is still hope. Attorney Ali Awad, the CEO Lawyer, and his team of experienced professionals can represent you and help you seek the maximum compensation available from all liable parties.
We can assist you in filing a claim under your uninsured/underinsured motorist (UM/UIM) policy and explore other legal avenues.
Regardless of circumstances, you can benefit from the expertise and guidance during a free, confidential, and no-risk case review. Speak with one of our experienced uninsured motorist accident attorneys to determine the best path forward for obtaining the compensation you need to heal, recover, and move on from your accident.
How Can Our Goose Creek Uninsured Motorist Accident Law Firm Assist You?
Experienced car accident lawyers, especially those familiar with uninsured or underinsured driver cases, can assist you in obtaining substantial recoveries from those responsible for your injuries. Our lawyers understand the legal complexities and are skilled in negotiating with defendants and insurance companies.
Insurance companies typically have experienced lawyers representing them in uninsured and underinsured motorist (UM/UIM) claims. To counter this, you need a team of skilled injury lawyers who can advocate for your rights effectively.
A free consultation with an attorney can help determine if you have a viable car accident claim.
At the CEO Lawyer Personal Injury Law Firm, our car accident attorneys are well-versed in complex car accident laws and the insurance coverage applicable to uninsured drivers. We offer a free case review to help you understand your legal options.
The CEO Lawyer Personal Injury Law Firm is more than just a law firm: we treat our clients like family. Our lawyers work passionately to ensure each client receives the care, compensation, and justice they deserve from the at-fault driver and fair treatment from involved insurance companies.
What Happens When an Uninsured Driver Causes My Injuries?
When an uninsured driver causes an accident resulting in injuries, one of the most critical considerations is your insurance policy. If you have coverage, your policy may help cover your medical bills even if the other driver lacks insurance, regardless of fault.
If your insurance policy includes uninsured motorist coverage, it can provide a means to seek compensation for your injuries. You may need to prove your damages and the uninsured driver’s liability to collect the deserved compensation from your insurance company.
Sometimes, filing a claim against the uninsured driver may be sensible. If the uninsured driver has assets such as bank accounts, vehicles, a home, or other valuable items, you might be able to recover damages directly from them.
Car insurance protects both parties, and uninsured drivers risk their assets by not carrying insurance. However, many uninsured drivers may lack the income to afford coverage, making it unlikely they have assets available to compensate you for your injuries.
If you are involved in an accident with an uninsured motorist, it is advisable to consult an experienced uninsured motorist claims attorney to discuss your options. The best course of action can vary based on the case’s specifics.
How to Protect Yourself From Uninsured Motorists?
The best way to protect yourself from uninsured motorists is to carry uninsured motorist coverage and/or underinsured motorist coverage as part of your insurance policy. While this will increase your monthly premium, it ensures you are covered if you’re involved in an accident with an uninsured motorist.
You can add three primary types of uninsured motorist protection to your insurance policy. These options vary depending on your insurance company and the state you live in:
- Uninsured Motorist Insurance (UM coverage): Also known as Uninsured Motorist Bodily Injury insurance, this type of coverage protects you and your passengers if you are in an accident caused by an uninsured driver. It also reimburses you and your passengers for lost wages from the accident.
- Underinsured Motorist Insurance (UIM coverage): This coverage is beneficial if the at-fault driver has liability insurance that doesn’t cover the full extent of the damages. For instance, if you need a new vehicle due to an accident, your insurance company will cover what the underinsured driver’s insurance does not.
- Uninsured Motorist Property Damage (UMPD) Insurance: This insurance covers any damage to your vehicle caused by an uninsured motorist. It also covers other damage to personal property, such as your fence or home.
By adding these coverages to your policy, you can ensure better financial protection in the event of an accident with an uninsured or underinsured driver.
What to Do if You’ve Been in an Accident with an Uninsured Motorist
If you are in a car accident with an uninsured motorist, there are several important steps you should take immediately following the accident:
Call the Police
Your first action should be to call the police, regardless of how minor the accident or your injuries may seem. A police officer will arrive at the scene, determine liability, and provide you with a police report.
This report is crucial for filing an insurance claim and is necessary if you choose to sue the at-fault driver.
Gather Information
Collect as much information as possible from the other driver, including their name, phone number, license number, address, and insurance information. This will make it easier to contact them later if necessary.
Additionally, gather contact information from witnesses, as it can be challenging to track down witnesses once they leave the accident scene.
Take Photographs
Photograph the damage to your vehicle, other vehicles or property involved, the scene of the accident, and any injuries you or your passengers incurred. These photographs are valuable documents for filing a claim or pursuing legal action against the other driver.
By following these steps, you can ensure you have the necessary documentation and information to support your case and protect your rights after an accident with an uninsured motorist.
Should You File a Claim Against the Insurance Provider?
If you and your lawyer decide to file an uninsured motorist claim, your insurance company may require evidence of the harm you suffered. You will likely need to gather your medical bills, documentation of vehicle damage, any associated expenses, and proof of lost wages related to the accident.
Your attorney can help determine a fair amount to demand from your insurance company to compensate for your harm, including pain and suffering. When you file an uninsured motorist claim, you have the right to seek any damages you would have pursued if you had filed a claim directly against the other motorist.
Sometimes, your attorney and the insurance company may settle your claim. However, you can demand arbitration if the insurance company fails to offer a satisfactory settlement.
The arbitration process is similar to a lawsuit, where arbitrators make a binding decision regarding your claim. Your attorney can help you prepare for the arbitration hearing and represent you during the proceedings, presenting your evidence and arguing for recovering damages for your injuries.
Pursuing an uninsured motorist claim, you can seek fair compensation for your losses, even if the other driver lacks insurance.
Proving Negligence in an Uninsured Motorist Claim
To recover damages under an uninsured motorist policy, you must prove that the uninsured or underinsured driver caused your accident. Establishing negligence involves demonstrating:
- A Legal Duty of Care: The driver was legally obligated to operate their vehicle safely.
- Breach of Duty: The driver failed to fulfill this obligation.
- Causation: The driver’s breach of duty directly caused the accident.
- Damages: The accident resulted in actual damages or injuries.
While proving negligence might seem simple, it can be challenging, especially if the uninsured driver alleges you were at fault. Insurance companies often contest claims by disputing negligence, alleging shared fault, downplaying injuries, or invoking policy limitations.
Our Goose Creek attorneys understand insurers’ tactics and can effectively counter these unfair practices to secure fair compensation for accident victims. If you were injured in an accident involving an uninsured motorist, contact our Goose Creek law firm for assistance today.
What Is the Statute of Limitations for Car Crash Claims?
When it comes to filing car crash claims, it’s essential to be aware of the statute of limitations in your state, which sets a deadline for filing a lawsuit. Typically, you must file an uninsured motorist claim within a few years of the accident.
However, the timeframe for filing a car crash claim is generally three years in Goose Creek. Additionally, if you plan to file a bad faith claim or a breach of contract claim against your insurance company, a different statute of limitations may apply, affecting the filing deadline.
Failing to file your claim before the statute of limitations expires can prevent you from pursuing legal action. Therefore, contacting an attorney and exploring your options well before the deadline is advisable.
Your lawyer will need time to investigate the case and develop a litigation strategy. Witnesses and evidence can become harder to locate as time passes, so getting an attorney involved early can streamline the process and increase the likelihood of receiving timely compensation for your injuries.
Filing a Lawsuit Against an Uninsured Motorist
Many drivers opt out of uninsured and underinsured motorist coverage, which can complicate matters if you’re involved in an accident with an uninsured driver. While recovering compensation beyond your standard policy may be challenging, it’s not impossible.
Before pursuing legal action against an uninsured driver, it’s crucial to consult with an uninsured motorist accident lawyer. Filing a lawsuit is an option, and if successful, you may receive an uninsured motorist settlement or award for various damages, including:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Emotional duress
- Loss of earning capacity
- Loss of consortium
- Disfigurement
- Permanent injury
- Loss of enjoyment of life
However, it’s important to note that uninsured or underinsured drivers often lack sufficient resources or assets. Therefore, working with an experienced car accident attorney is in your best interests before taking legal action.
Benefits of UM/UIM Coverage in Goose Creek
Uninsured motorists make up nearly 10% of Goose Creek’s population, increasing the likelihood of being in an accident with an uninsured driver. Purchasing Uninsured/Underinsured Motorist (UM/UIM) coverage is important.
Here are the key benefits of UM/UIM coverage in Goose Creek:
- Coverage Beyond Standard Limits: UM/UIM coverage pays for medical bills and other injury-related expenses that exceed your standard policy’s limits.
- Hospital and Long-Term Care: UM/UIM covers hospital stays and long-term care expenses, which health insurance may not cover.
- Economic and Non-Economic Damages: UM/UIM pays for economic damages (like lost wages) and non-economic damages (like pain and suffering), which are not covered by standard no-fault policies.
- Peace of Mind: Knowing you’re protected against uninsured drivers provides peace of mind while on the road.
Penalties for Driving Without Insurance in South Carolina
The penalties for driving without car insurance in South Carolina vary depending on the number of offenses. Drivers caught without valid insurance may be considered high-risk drivers.
First Offense
For a first offense of uninsured driving in South Carolina, Goose Creek, the possible penalties include:
- An uninsured motorist fee of $600 if coverage is not restored.
- A fine of up to $200, 30 days in jail, or both.
- A fee of $5 per day for each day without insurance.
- Suspension of your license and registration until you can provide proof of car insurance coverage (SR-22). Additionally, you may have to pay up to $400 to reinstate your license and registration.
Second Offense
For a second offense, all the penalties from the first offense apply. Additionally:
- There is no “or” for the fine or jail time; you will likely be fined and face up to 30 days in jail.
- A second offense is considered a criminal misdemeanor, which stays on your criminal record permanently.
Third Offense
For a third offense, the penalties from the previous offenses apply, with increased severity:
- Jail time is increased to between 45 days and six months.
Recovering Compensation in Accidents with Uninsured Drivers
In Goose Creek, being in a no-fault insurance state can make it challenging to recover compensation after an accident with an uninsured driver, especially if you don’t have insurance. However, you can explore specific legal avenues with a lawyer’s help.
If you’re uninsured, here are some ways you might be able to seek compensation through a lawsuit:
- Commercial Vehicles: You may be able to seek compensation from commercial vehicles involved in the accident.
- Exceptionally Expensive Medical Costs: If you have exceptionally high medical costs due to serious injuries, you may be able to claim additional compensation.
- Crashes Caused by Other Liable Negligence: If the accident was caused by negligence other than the uninsured driver’s, such as poor road maintenance or manufacturing defects, you may have a case for additional compensation.
Section 38-77-160 of South Carolina defines “serious injury” with specific qualifications. These include:
- Death
- Dismemberment or disfigurement
- Bone fractures or breaks
- Loss of a fetus
- Permanent loss of body organs, functions, or systems
- Other injuries that affect your ability to live your daily life permanently or for a specific time dictated by South Carolina.
Working with a lawyer is essential to determine if your case qualifies for an exception to South Carolina’s no-fault insurance rules. Our lawyers can help you navigate the legal complexities and pursue compensation from liable parties.
Our team understands your challenges and is here to help you seek the compensation you deserve.
Can You Sue an Uninsured Driver in South Carolina – Goose Creek?
You can sue an uninsured driver in Goose Creek, South Carolina. South Carolina follows an at-fault system, which holds the person who caused the accident liable for compensating the other parties for their losses.
If an uninsured driver caused the crash, you can file a lawsuit to claim damages directly from them. Similarly, South Carolina is also an at-fault state, meaning the responsible party must compensate for the damages.
If the at-fault driver is uninsured, you can pursue legal action to recover your losses. However, collecting compensation from an uninsured driver can be challenging, so it is advisable to consult with an attorney to explore all available options, including uninsured motorist coverage, which might provide an alternative means of compensation.
Consult an Experienced Uninsured Motorist Attorney in Goose Creek Today!
Our accomplished trial lawyers have handled thousands of motor vehicle accidents, including countless cases that invoked uninsured motorist or underinsured motorist coverage. We will not let your insurer take advantage of you at a time when you need its help the most.
Contact the CEO Lawyer Personal Injury Law Firm if you’ve been injured in a collision involving an uninsured motorist. Our expert car accident attorneys in Goose Creek have extensive experience handling uninsured motorist cases.
Let us handle the insurance matters while you focus on restoring your life.
Contact us at (864) 664-3865 or schedule a complimentary initial consultation via email to discuss your Goose Creek Uninsured Motorist accident case to ensure your rights are protected and to start your journey towards the compensation you deserve.
FAQs:
- How do I file a UM/UIM claim after my accident?
You can file the Uninsured/Underinsured Motorist (UM/UIM) claim with your own insurance company. Here are the steps to follow:
- Contact Your Insurer: Inform them about the accident and provide all necessary details.
- Submit Evidence: Show that the other motorist did not have adequate insurance to cover your damages.
- Prove Fault: Demonstrate that the other driver was at fault for the accident.
- What if my insurance company denies my claim?
If your insurance company denies your claim unjustly or treats you unfairly, it could violate the implied covenant of good faith and fair dealing in your contract. Insurance companies are required to act reasonably when assessing and paying claims. If they act in bad faith, you may be entitled to file a bad-faith lawsuit against them. Compensation in such cases may include:
- Damages: The insurer should have already compensated you for these.
- Further Damages: Additional compensation for any further harm caused.
- Punitive Damages: To penalize the insurer for its unjust actions.
- What should I do if I’m involved in a crash with an uninsured driver?
If you are involved in an accident with an uninsured driver, follow these steps:
- Seek Medical Attention: Get immediate medical treatment if you are injured.
- Call the Police: They will file an accident report.
- Collect Evidence: Take pictures of the scene, vehicle damage, and your injuries.
- Identify Witnesses: Get contact information from any potential witnesses.
After the initial shock of the accident, contact our qualified attorney. His team of highly experienced uninsured motorist car accident injury attorneys can help you handle the legal process.
- Does Your Insurance Go Up After a No-Fault Claim in Goose Creek?
Auto insurance rates generally do not increase after a no-fault accident, where you experience damages or injuries due to another driver’s actions. However, insurance policies and state laws can be complex. In some cases, even in no-fault situations, your rates might change due to specific insurer policies or state regulations.
