You were hit by a driver who had no insurance, and now you’re dealing with medical bills, missed work, and a damaged vehicle. The answer to who pays after an uninsured motorist accident is not as hopeless as it seems.
According to the Insurance Research Council’s 2025 study, 15.4% of drivers across the country had no insurance in 2023, and South Carolina’s rate sits at roughly 12%. That means about one in eight drivers on South Carolina roads may carry no coverage at all.
South Carolina law gives you several paths to recover compensation, even when the at-fault driver has nothing to offer. Your own insurance policy is the starting point, but it may not be the only source.
In this guide, you will learn:
- How South Carolina defines these accidents and why the law covers more situations than you expect
- Which parts of your own policy pay first and how much they cover
- How stacking can multiply your available coverage if you insure multiple vehicles
- Whether suing the uninsured driver is worth pursuing
- What steps to take if your accident was a hit-and-run
What Counts as an Uninsured Motorist Accident in South Carolina
South Carolina’s definition of an “uninsured motor vehicle” goes beyond just a driver with no policy. Under S.C. Code § 38-77-30, a vehicle qualifies as uninsured if it has no bodily injury or property damage liability insurance at the state minimums.
If the driver’s insurer denies coverage, if the insurer has been declared insolvent or placed in receivership, or if the driver is unknown because they fled the scene. Each of these triggers your right to file an uninsured motorist claim under your own policy.
That expanded definition matters because many drivers assume their UM coverage only applies when the other person literally had no policy. If the at-fault driver’s insurance company refuses to honor the claim, or if the company has gone under financially, South Carolina law treats your accident the same way. Your coverage still applies.
How Your Own Insurance Pays After an Uninsured Motorist Accident
When the at-fault driver has no insurance, you turn to your own auto policy. South Carolina requires every driver to carry uninsured motorist coverage that matches their liability limits. Your UM policy is the primary source of compensation.
Bodily Injury Coverage Under Your UM Policy
Your UM bodily injury coverage pays for medical expenses, lost wages, and pain and suffering caused by the accident. South Carolina’s minimum UM limits are $25,000 per person and $50,000 per accident. Many drivers carry higher limits, especially if they increased their liability coverage when purchasing their policy.
If your injuries are serious, those minimums may not be enough. A single emergency room visit, surgery, or extended rehabilitation program can exceed $25,000 quickly. That is one reason higher UM limits and additional coverage options matter.
Property Damage Coverage and the $200 Deductible
Uninsured motorist property damage coverage pays for repairs to your vehicle or its replacement value if the car is totaled. South Carolina includes UMPD in most auto policies by default. You keep this coverage unless you specifically signed a written rejection form provided by your insurer.
South Carolina law also requires a $200 deductible on UM claims. You pay this amount out of pocket before your coverage kicks in. If your insurer later recovers money from the uninsured driver through subrogation, you should receive a refund of that deductible. Most drivers do not learn about this until they file their first claim.
How Stacking Can Increase Your Available Coverage
South Carolina is one of the states that allows you to “stack” uninsured motorist coverage across multiple vehicles on your policy. Under S.C. Code § 38-77-160, insurers must offer UM coverage up to your liability limits, and South Carolina courts have recognized that UM coverage follows the person, not just the vehicle.
Here is what that means in practice. If you carry $25,000 in UM bodily injury coverage per person and you insure two vehicles under your policy, stacking may allow you to combine those limits for a total of $50,000 in available coverage. Three vehicles could mean $75,000. Stacking applies to bodily injury coverage only, not property damage. Insurers sometimes push back on stacking during an uninsured motorist claim, so having an attorney review your policy and assert your full coverage rights can make a significant difference in your total recovery.
Filing an Uninsured Motorist Claim with Your Insurance Company
Your uninsured motorist claim is filed with your own insurance company, not the at-fault driver’s. Your insurer will want a copy of the police report, your medical records and bills, documentation of lost wages, and photos of vehicle damage. File promptly. Delays in reporting can give your insurer a reason to question the claim.
Avoid giving a recorded statement to your insurance adjuster without legal guidance. Adjusters are trained to ask questions designed to minimize the value of your claim. What you say early in the process can affect your recovery later.
Your own insurance company is not automatically on your side during a UM claim. Insurers may dispute who was at fault, question whether your medical treatment was necessary, or make a settlement offer below what your injuries are worth. An attorney who handles these cases regularly can document the full extent of your damages and push the insurer toward a fair resolution.
Other Coverage That May Help Pay Your Bills
Your UM policy is the primary recovery path, but additional coverage may also contribute. PIP and MedPay are optional add-ons in South Carolina. PIP covers medical bills regardless of fault, and MedPay covers injury-related expenses up to your policy limits.
Many drivers carry one or both without realizing it. These coverages pay quickly and can bridge the gap while your uninsured motorist claim is being processed.
Your personal health insurance plan can also cover treatment while you work through the claims process. You may still owe co-pays and deductibles, but health coverage prevents you from paying full costs out of pocket.
One thing to know: your health insurer may assert a subrogation right against your UM recovery, seeking reimbursement from your settlement. An attorney can negotiate those amounts down to preserve more of your final recovery.
Can You Sue the Uninsured Driver?
South Carolina is a fault-based state, which means you have the right to file a personal injury lawsuit against the driver who caused the accident. Under S.C. Code § 15-3-530, you have three years from the date of the accident to file that lawsuit.
The legal right to sue is straightforward. The practical challenge is collection. Drivers who skip insurance often lack the assets or income to pay a judgment. Winning in court does not guarantee you will see money. Wage garnishment and property liens are options, but if the driver has no job and no property, a judgment may sit uncollected.
That said, a lawsuit makes sense in certain situations. If the uninsured driver owns real estate, has stable employment, or was driving for an employer at the time of the accident, there may be assets worth pursuing. A personal injury attorney can run an asset check before you commit to the cost and time of litigation.
How Comparative Fault Affects Your Recovery
South Carolina follows a modified comparative negligence rule under S.C. Code § 15-38-15. If you share some of the fault for the accident, your recovery is reduced by your percentage of responsibility. If your fault reaches 51% or more, you cannot recover anything.
Your own insurer can raise comparative fault as a defense during your uninsured motorist claim. If the adjuster argues you were 20% responsible for the accident, they may try to reduce your settlement by that amount. Strong documentation of the accident scene, witness statements, and the police report can help you push back against inflated fault allegations.
What to Do After a Hit-and-Run in South Carolina
Hit-and-run accidents qualify as uninsured motorist accidents under South Carolina law because the at-fault driver is unknown. Your UM coverage can step in, but only if you meet specific conditions required by S.C. Code § 38-77-170. You must report the accident to law enforcement within a reasonable time, and you must satisfy at least one of three additional requirements.
The first option is proving that your vehicle made physical contact with the unknown vehicle. The second is providing a witness who will sign an affidavit confirming the facts of the accident, or obtaining a court-ordered deposition of that witness if the affidavit is not available. The third is providing a recording of the accident.
If you cannot meet any of these conditions, your insurer may deny the uninsured motorist claim entirely. Document everything at the scene, get witness contact information immediately, and report to police before you leave.
Frequently Asked Questions About Uninsured Motorist Accidents in South Carolina
Does South Carolina require uninsured motorist coverage?
Yes. South Carolina law requires every auto policy to include UM coverage that matches your liability insurance limits. The state minimum is $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage.
What is the deadline to file a claim after an uninsured motorist accident in South Carolina?
The statute of limitations for a personal injury claim in South Carolina is three years from the date of the accident. Report the accident to your insurer as soon as possible, though, because delays can complicate or weaken your case.
Can you stack uninsured motorist coverage in South Carolina?
Yes. If you insure multiple vehicles, you may be able to combine UM limits across those vehicles, increasing your total available coverage. Stacking applies to bodily injury coverage, not property damage.
What happens if the uninsured driver has no money or assets?
You may not be able to collect on a lawsuit judgment even if you win in court. In that situation, your UM coverage, stacking, PIP, MedPay, and health insurance become your primary recovery sources. An attorney can help you identify every available coverage option.
Talk to a South Carolina Attorney About Your Uninsured Motorist Accident
You did not cause this accident, and you should not have to figure out the claims process alone. The coverage options, filing requirements, and insurer tactics described in this guide are complex. The difference between handling it yourself and having legal representation often shows up in the final settlement amount.
At Kent Law Firm, we help injured drivers in Manning and across South Carolina pursue full compensation after an uninsured motorist accident. We review your policy for every available coverage path, handle communications with your insurer, and fight for a settlement that reflects the true cost of your injuries.
Schedule a consultation with our team today.