843-636-TREY
There are few moments more disorienting than the seconds following a car accident. But when you look up and see the other driver’s taillights disappearing into the distance, that confusion quickly turns to a sense of injustice.
In Charleston, we see hit-and-runs more often than we should. Many victims assume that if the driver is gone, their chance at recovery is gone too. At the Trey Harrell Law Office, we call this the “Out of Luck” Myth. The reality is that South Carolina law provides a specific path to compensation—but navigating it requires avoiding a few “evidence-killing” mistakes.
1. Fatal Mistakes at the Scene
When the adrenaline is pumping, it is easy to make mistakes that can accidentally destroy your claim before it even starts. In my experience, there are three major pitfalls:
- Moving the car too soon: Unless you are in immediate danger, the final resting position of the vehicles and the debris field are vital evidence. They tell the story of the impact when the other driver isn’t there to tell theirs.
- The Bystander Window: In a hit-and-run, witnesses are your most valuable asset. Once they drive away, that evidence is likely gone forever.
For the basics, start with our guide on what to do after a hit-and-run accident.
2. Proving the “Unseen” Fault
Even if the driver is missing, the rules of the road still apply. Many hit-and-runs occur as rear-end collisions or side-swipes during lane changes. Establishing fault is the first step in triggering your own insurance protections.
If you were struck from behind, you should understand who is at fault in a rear-end collision to help build the foundation of your claim. This “official story” of the accident is cemented by law enforcement, which is why understanding the role of police reports is the backbone of any successful hit-and-run case.
3. How You Actually Get Paid: UM Coverage & “John Doe”
The biggest question we hear is: “Who pays if they aren’t caught?” In South Carolina, you likely already have a “safety net” policy. Uninsured Motorist (UM) coverage is mandatory in our state. It is specifically designed to step into the shoes of a driver who has no insurance or who flees the scene. Under SC law, we can file a “John Doe” claim to access these benefits.
However, hit-and-run claims have unique hurdles, such as the “physical contact” rule. You can learn the specifics of how this works in our deep dive: What happens if you’re in an accident with an uninsured driver?
4. Assessing the True Cost: Pain, Suffering, and Punitive Damages
A hit-and-run causes more than just property damage. The trauma of being abandoned at the scene adds a layer of emotional distress to the physical injuries.
- Hidden Injuries: Many victims experience common brain injuries from car accidents that don’t appear until days later.
- The Human Toll: We fight to ensure your recovery includes understanding pain and suffering damages, which account for the physical and emotional toll the crash has taken on your life.
- Punitive Damages: In South Carolina, fleeing the scene is considered “reckless” or “willful” conduct. This may allow us to seek punitive damages—compensation intended to punish the wrongdoer and deter others from doing the same.
5. Don’t Navigate the Maze Alone
A hit-and-run claim is essentially an investigation. As a former federal prosecutor, I look for the details that insurance adjusters prefer to ignore—nearby doorbell cameras, paint transfer, and the forensic details of the crash site.
Before you speak to an adjuster, make sure you know the important questions to ask your personal injury lawyer.
Crashed? Confused? Trey Helps. If you’ve been the victim of a hit-and-run, don’t walk away from the protection you’ve already paid for. For more details on the recovery process, check out our full resource on handling hit-and-run accidents from collision to compensation.
Trey Harrell Law Office. Because when it comes to your recovery, Trey Helps. Schedule your Free Consultation at TreyHelps.com. Contact us today!