If you are injured in a hit and run accident in South Carolina, you may still have legal options for recovering compensation, even if the driver who caused the crash flees the scene. South Carolina law allows uninsured motorist coverage to apply when the owner or driver of the vehicle that caused the accident is unknown, but certain requirements must be met.
A hit-and-run can leave you dealing with medical bills, lost wages, vehicle damage, and pain and suffering while you are also trying to figure out who caused the crash. Understanding your rights can help you take the right steps after a South Carolina hit and run accident.
So, can you sue after a hit-and-run if the driver is never identified? In some situations, you may be able to pursue a claim through your own uninsured motorist insurance coverage.
South Carolina law [S.C. Code § 38-77-170] generally treats a motor vehicle as uninsured when its owner or operator is unknown. The state’s uninsured motorist law provides coverage for people who are legally entitled to recover damages from a hit and run, if the requirements of the law and the insurance policy are met.
This means that you may not be left without a potential source of compensation simply because the other driver took off.
If the driver is later identified, however, you may have the option of pursuing a claim directly against the at fault driver and any other responsible parties, depending on the facts of the accident.
After a hit and run accident in South Carolina, what you do right after can be key to your claim.
First, seek medical attention if you are injured. Some injuries may not be obvious immediately after a crash.
You should also:
Reporting the accident can be particularly important when an unknown driver is involved. South Carolina law establishes specific requirements for recovering under uninsured motorist coverage when the owner or operator of the vehicle is unknown.
Uninsured motorist coverage South Carolina drivers carry may provide an important source of compensation after a hit-and-run.
South Carolina law [S.C. Code § 38-77-150] requires automobile insurance policies to include uninsured motorist coverage, subject to the statutory requirements. The South Carolina code also specifically addresses situations in which the vehicle causing the injury or property damage is unknown.
However, there are important conditions.
For example, when the other driver is unknown, South Carolina law requires that the accident be reported to an appropriate police authority within a reasonable time. The law also generally requires physical contact with the unknown vehicle, or a qualifying independent witness, or a recording (video) showing that the unknown vehicle caused the injury or damage. The law also requires that the victim was not “negligent in failing to determine the identity of the other vehicle and of the driver of the other vehicle at the time of the accident.” S.C. Code § 38-77-170 (3)
Because insurance policies and accident circumstances can vary, it is important to have your policy and the facts of the crash reviewed carefully before assuming you are or are not covered.
For more information on requirements for SC automobile insurance: DOI.SC.GOV
A hit-and-run accident claim can become more straightforward if police identify the driver who caused the crash.
Depending on the circumstances, you may be able to pursue compensation from the at-fault driver or that driver’s insurance company. If the driver has little or no insurance, your own uninsured or underinsured motorist coverage may also become important.
An attorney can investigate the accident, review available evidence, talk with insurance companies, and determine what legal claims may be available.
If negotiations do not result in a fair deal, a hit-and-run accident lawsuit may be an option.
The damages available in a hit and run accident in South Carolina depend on the facts of the case and the losses caused by the collision. Potential damages may include:
The severity of the injuries, the amount of medical treatment required, the effect on your ability to work, and other facts can all affect the value and handling of a hit-and-run injury claim.
Do not wait to investigate a hit and run accident in South Carolina.
South Carolina generally provides a three-year limitations period for an action involving an injury to a person that falls under South Carolina law Section 15-3-530(5), although exceptions and other deadlines may apply depending on the circumstances.
Insurance claims can also involve separate notice and procedural requirements. A claim involving an unknown driver and uninsured motorist coverage can be especially complicated.
For that reason, it is wise to speak with a South Carolina personal injury attorney as soon as possible after the crash.
Hit-and-run accident lawyer David L. Hood and his co-counsel legal team can investigate what happened and help determine where potential source(s) of compensation may exist.
That investigation may include reviewing the police report, photographs, witness statements, surveillance footage, vehicle damage, medical records, and insurance policies.
At The Law Offices of David L. Hood, we understand that a serious collision can affect nearly every part of your life. Our goal is to help injured clients understand their legal options and pursue all compensation available under South Carolina law.
The Law Offices of David L. Hood has received recognition from organizations including America’s Top 100 Personal Injury Attorneys, the National Association of Distinguished Counsel, America’s Top 100 Medical Malpractice Litigators, and The National Trial Lawyers, along with recognition from the South Carolina Association for Justice. The firm focuses on representing injured people and families throughout South Carolina and provides a no-charge initial consultation for people who want to discuss their potential case.
You may still be able to pursue compensation through uninsured motorist coverage. South Carolina law provides specific requirements when the driver or vehicle owner is unknown, including requirements involving reporting the accident and evidence connecting the unknown vehicle to the injury or damage.
It can. South Carolina law treats a vehicle as uninsured when its owner or operator is unknown, subject to specific legal requirements. Physical contact, a qualifying independent witness, or a video recording may be key depending on the circumstances. The victim also needs to not be negligent in trying to figure out the type of vehicle and the driver of the hit and run.
Your video, police reports, photographs, witness information, surveillance video, dashcam footage, medical records, and information about the vehicle that left the scene can all be critical. Promptly preserving evidence may make it easier to investigate a South Carolina hit-and-run accident.
Potentially. If the responsible driver is identified, you may have a claim against that driver and potentially available insurance coverage. The specific legal options depend on the facts of the accident and the applicable insurance policies.
South Carolina generally provides three years for certain personal injury actions, but exceptions and different rules can apply. Insurance policies and uninsured motorist claims can also involve additional requirements.
The Law Offices of David L. Hood represents injured people throughout South Carolina. If you or a loved one has been injured in a hit and run accident in South Carolina, contact our office for a free, no-risk initial consultation to discuss what happened and learn about your potential legal options. You do not have to determine your legal options alone.
You can reach us at any of our 18 statewide locations, by phone, text, chat, or email. Remember, there are deadlines, so act now!
