Although South Carolina law requires all drivers to carry liability and uninsured motorist coverage, unfortunately, many people don’t—including the individual who hit you. So now what?
The steps you take immediately after an auto accident determine whether you receive fair compensation. At Alderson Law, we help Greenville residents recover compensation even when the at-fault driver doesn’t have coverage. While this scenario creates additional challenges, there are some legal pathways for recovery after a no-insurance car crash—but your insurance policy may actually offer the first line of protection. Let’s review how different options and your legal rights make all the difference between financial recovery and bearing the full burden of an uninsured driver accident.
How Does Uninsured Motorist Coverage Protect You?
In South Carolina, all drivers must carry minimum liability insurance coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. The state-required uninsured motorist (UM) policy acts as a substitute for the at-fault driver's nonexistent coverage, and provides the same 25/50/25 allotments as a minimum liability policy. Although policyholders can decline this coverage in writing, hopefully you didn’t, as it’s your primary protection when dealing with drivers who have no insurance.
You’ll first file the claim with your insurer, who investigates the accident and determines fault just like any other claim, and then pay the deductible, which is approximately $200, depending on the scope of your policy.
This coverage also applies in hit-and-run situations where you cannot identify the other driver. Whether someone flees the scene after causing an accident or you're struck by a driver who never stops, UM coverage can provide compensation for your damages.
When Can You Do If Uninsured Motorist Coverage Falls Short?
When you’re facing significant medical expenses, long-term disability, or extensive property damage, your minimum uninsured motorist coverage amounts are often insufficient for complete recovery. In these situations, Greenville auto accident attorney Ryan Alderson helps you consider other options, such as:
- Stacking possibilities. You may be allowed to combine UM coverage limits across multiple policies—yours and a partner’s, for example—or across vehicles under the same policy—potentially doubling your coverage limits.
- MedPay or health insurance. If you opted for MedPay on your vehicle coverage or have a personal health insurance policy, both can be used to pay medical expenses promptly, giving you time to sort out claims.
- Collision coverage. This pays for your vehicle repairs regardless of fault. If it’s part of your policy, it might reduce out-of-pocket expenses for property damage when the other driver has no insurance.
- Victim compensation. In cases involving criminal conduct—such as DUI or hit-and-run—state Victim Compensation Funds might be available, which offer aid up to $15,000 for medical bills or lost wages.
The state also allows victims to pursue legal action against uninsured drivers—but winning a lawsuit means little if the defendant can’t pay the judgment. Many uninsured drivers have limited assets or income that can be garnished to satisfy a court award. Alderson Law will identify assets or income sources that might satisfy the judgment you deserve. Some uninsured drivers have hidden assets or future earning potential that makes litigation worthwhile.
Additionally, other parties might bear responsibility for your accident. For example, if a drunk driver caused your crash, the establishment that served them alcohol might face liability. If a mechanical failure contributed to the accident, the vehicle manufacturer or repair shop could be responsible.
How Alderson Law Defends Your Rights After a No-Insurance Car Crash
While uninsured driver accident claims often seem straightforward, insurance companies may try to dispute fault or minimize your damages. Having experienced legal representation ensures you receive fair treatment during the claims process.
Alderson Law investigates every aspect of your accident to maximize your recovery. We partner with accident reconstruction specialists, medical professionals, and financial analysts to document the full extent of your damages. We also work with you to make sure all evidence is in order, such as:
- The accident police report and surveillance footage
- Medical bills, prescription and rehabilitation costs, and other injury-related expenses
- Lost wages and missed PTO reimbursements or bonus options
As a former prosecutor, Ryan knows how to negotiate aggressively with insurers to secure settlements that reflect the true cost of your injuries and the recovery you deserve.
