What to Do If You’re Injured by an Uninsured Driver in South Carolina
Last Updated on October 29, 2025
Getting hit by another car is jarring enough. But finding out the driver has no insurance? That changes everything. Now you’re hurt, shaken, and wondering if there’s even a way to get your bills covered.
South Carolina law requires drivers to carry insurance, but that doesn’t mean everyone follows the rules. In fact, according to recent estimates, 10.9% of drivers in South Carolina are uninsured. And when one of them causes a crash, it’s usually the other driver left picking up the pieces.
At the Law Offices of Lori S. Murray, we’ve helped South Carolinians deal with automobile accidents and this exact situation in Columbia and surrounding areas We’ve seen how confusing it can be to figure out who pays when an uninsured driver is involved, what your policy really covers in that situation, and how to protect yourself going forward and we can help.
If you’ve been in a car accident with an uninsured driver, you’re still entitled to compensation. This guide breaks down what you can do, what options are available, and how to avoid getting stuck with the full financial burden.
First Reactions After a Crash With an Uninsured Driver
Stay Focused on the Essentials
It’s hard to think clearly when you’re in pain and the other driver admits they don’t have insurance coverage. Some may even leave the scene to avoid consequences. If that happens, try to write down anything you remember like their license plate, car make, or anything they said before leaving.
If they stay, ask directly whether they have insurance and note their response. Whether they’re honest or not, it matters that you asked and told the police what they said.
Report It to Law Enforcement
Even if the damage seems minor, call the police and report that the other driver may be uninsured. In South Carolina, the official accident report can affect what your insurance company does and whether you’re allowed to file a claim through your own coverage.
What Is Uninsured Motorist (UM) Coverage?
What It Actually Covers
If you’ve been hurt in a car accident with an uninsured driver, your own policy might be the one that steps in to help. Uninsured Motorist (UM) coverage can help pay for:
- Medical expenses
- Lost income
- Pain and suffering
It’s a safety net built into most South Carolina policies. But it doesn’t cover everything. Property damage isn’t automatically included, unless you have Uninsured Motorist Property Damage (UMPD). And in South Carolina, UMPD is actually included by default, unless you reject it in writing according to S.C. Code § 38‑77‑160.
What South Carolina Law Requires
In South Carolina, Uninsured Motorist (UM) coverage for bodily injury is required by law. Every auto policy must include at least $25,000 in coverage per person and $50,000 per accident, the same as the state’s minimum liability limits.
Example: If you’re injured by a driver with no insurance, your UM coverage could pay up to $25,000 for your injuries (or up to $50,000 total if more than one person is hurt).
Uninsured Motorist Property Damage (UMPD) coverage is typically included in South Carolina auto policies by default. In most cases, it remains part of your coverage unless you sign a written rejection form provided by your insurer.
Example: If an uninsured driver totals your car, UMPD could help pay for repairs or replacement, without waiting for a court judgment.
Underinsured Motorist (UIM) coverage is different. Insurance companies must offer it, but it’s optional. You can choose to add it for extra protection if the at-fault driver’s insurance limits aren’t enough to cover your losses.
Example: If the other driver has only $25,000 in liability coverage but your medical bills are $60,000, UIM could step in to cover the remaining $35,000, up to your policy limits.
Filing an Uninsured Car Accident Claim Through Your Own Insurance
Starting the Claim
You’ll file the claim with your own auto insurance provider, not the at-fault driver’s. Be ready to give them the police report, and any photos or witness statements. Once they have the basic information, a claim will be created and your lawyer can forward your medical expenses and pain and suffering in a settlement demand.
It’s important not to discuss your injuries with the insurance company at this time as the full extent of your injuries and treatment is not known. Let your lawyer do the talking for you when the time is right..
What to Expect
It’s not a surprise that insurance companies don’t always make things easy. Even your own insurer may question your injuries, push back on treatment costs, or offer less than what your case is worth. That’s why it’s important to speak with an uninsuredColumbia car accident lawyer who handles these cases regularly.
Can You Still Sue the Uninsured Driver?
Technically, Yes
You can file a lawsuit against the uninsured driver who caused the crash. In South Carolina, the law requires you to name the uninsured driver in a lawsuit, not the insurance company. A judgment can then be collected against the uninsured driver and/or the insurance company.
The courts won’t block your right to hold an uninsured driver accountable. But there’s a reality most people don’t expect: if they couldn’t afford insurance, there’s a good chance they don’t have the money to cover a judgment either.
Winning a lawsuit is only step one, collecting on that judgment is a separate challenge. You can’t squeeze water from a stone, and chasing someone with no income, no assets, and no stability can quickly become an expensive dead end but you can still collect the judgment from the insurance company
When It Might Still Make Sense
There are cases where suing an uninsured driver does lead to real recovery. For example:
- The driver owns real estate or other valuable property
- They have a stable job and regular income that could be garnished
- They were driving under the influence, or acting recklessly
- They’ve been sued before and settled to avoid further consequences
Sometimes your attorney can run an asset check or review public records to see if the driver has anything worth pursuing. If the person has a home, a boat, or any financial trail, a lawsuit may be the right move, especially if they’re being protected by a lawyer or insurance defense firm you didn’t expect.
Just know this: filing a lawsuit is a strategic decision, not an emotional one. A good uninsured car accident lawyer will weigh the time, cost, and likelihood of collecting before recommending whether to file.
Other Ways to Get Medical Costs Covered
Personal Injury Protection (PIP)
If you purchased PIP as an add-on to your policy, it could help cover immediate medical bills, no matter who caused the crash.
Health Insurance
Your own health plan may step in while you sort out the auto insurance side. You may still be responsible for co-pays or deductibles, but at least you’re not paying entirely out of pocket.
Med Pay
Medical Payments coverage, another optional add-on, can be used to cover injury-related bills. Many drivers forget they even have this until it shows up on their policy summary.
How a Columbia Uninsured Car Accident Lawyer Can Help
Review Your Policy, Including the Parts You Might Not Notice
Most people never dig into the fine print of their auto insurance and that’s where surprises live. A lawyer can review your policy line by line and find protections you might not know are there.
For example, South Carolina allows you to “stack” uninsured motorist (UM) coverage if you have multiple cars listed on your policy. That means you may be able to combine those limits, and access more compensation than you thought.
So if your policy shows $25,000 per person, and you have two vehicles, you might actually have $50,000 in coverage for injuries caused by an uninsured driver, under S.C. Code § 38‑77‑160. Just keep in mind: stacking only applies to bodily injury, not to property damage.
Push Back When the Insurance Company Tries to Minimize Your Claim
Adjusters are trained to sound helpful, but their job is to limit payouts. If your injuries are real and your coverage is being ignored or undervalued, a lawyer can step in. That includes documenting medical evidence, handling every negotiation, and filing suit if needed.
Explore All Other Avenues for Recovery
Not every case starts and ends with the at-fault driver. An uninsured car accident might involve a third vehicle, a poorly maintained road, or a defective auto part. Our Columbia personal injury attorney will dig deeper and look for other responsible parties, especially if the uninsured driver can’t pay anything.
South Carolina Laws That Affect These Cases
Fault Matters
South Carolina – S.C. Code § 15-38-15 follows a modified comparative fault rule. If you’re less than 50% at fault, you can recover damages, but your award is reduced by your percentage at fault.
You Have 3 Years to File
The general statute of limitations for a personal injury claim in South Carolina is three years from the date of injury.
State Minimums Don’t Go Far
South Carolina’s required minimums are:
- $25,000 for bodily injury per person
- $50,000 per accident
- $25,000 for property damage
These limits apply to both liability and UM coverage. But serious injuries can quickly exceed them, especially if multiple people are hurt.
Lessons for the Future
It might be too late for this accident (*unless you’re using “crash” for a strategic reason), but it’s not too late to protect yourself moving forward. Adding uninsured motorist coverage is one of the smartest things a SC driver can do, especially when the cost of an ER visit keeps climbing.
Talk to Someone Who’s Seen This Before
There’s a reason so many people call the Law Offices of Lori S. Murray after a car accident with an uninsured driver. It’s not just about suing. It’s about clarity and figuring out what coverage exists, what’s possible, and what steps you can take today.
Our team helps injured people in Columbia and across South Carolina understand their rights, communicate with insurers, and find every available path to recovery. We’ve handled uninsured driver cases before, and we know how frustrating the process can be when it feels like no one is taking responsibility.
If you’re overwhelmed and unsure what to do next, schedule a free consultation with our team.