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The short answer: If the driver who caused your crash doesn’t carry enough insurance to cover your injuries, you may be able to file an underinsured motorist claim under your own auto policy to help make up the difference. South Carolina requires drivers to carry only $25K in bodily injury coverage for one person, which often falls far short after a serious wreck. Underinsured motorist (UIM) coverage is optional here, so your first steps are checking whether you have it and acting within the state’s three-year filing deadline.
You did everything right. Someone else caused the crash, and now you’re facing injuries, mounting medical bills, and time away from work. Then comes the worst news: the at-fault driver’s insurance won’t come close to covering what you’ve lost. It’s frustrating and frightening, but you likely have more options than you realize. Here’s how underinsured motorist claims work in South Carolina, and how our Charleston car accident lawyers help injured individuals get back on their feet.
In this article, you’ll find.
– What an underinsured motorist claim is.
– Why South Carolina’s minimum coverage often isn’t enough.
– How to find out if you have UIM coverage.
– How the claims process works and why your own insurer may push back.
– How much you may be able to recover.
– How Trey helps with these claims.
What Is An Underinsured Motorist Claim?
An underinsured motorist claim is a claim you file under your own auto policy when the at-fault driver has insurance, but not enough to cover your full losses. It’s different from an uninsured motorist claim, which applies when the other driver has no insurance at all. In South Carolina, auto insurance carriers must offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured’s liability coverage to provide coverage if damages are sustained in excess of the liability limits carried by an at-fault insured or underinsured motorist. That extra layer of protection can be the difference between a fraction of your bills being covered and a full recovery.
Why Isn’t South Carolina’s Minimum Car Insurance Enough?
South Carolina sets modest minimum liability limits: $25, 000 because of bodily injury to one person in any one accident, $50, 000 because of bodily injury to two or more persons in any one accident, and $25, 000 because of injury to or destruction of property of others in any one accident. Those numbers disappear fast. A single ambulance ride, emergency room visit, and a few days in the hospital can blow past $25K before physical therapy even begins. Add surgery, lost wages, and long-term care, and the at-fault driver’s minimum policy often covers only a small slice of what you’re truly owed.
How Do You Find Out If You Have UIM Coverage?
Start with your auto insurance declarations page, the summary that lists your coverages and limits. Look for a line labeled “underinsured motorist” or “UIM.” Because carriers must offer this coverage at the option of the insured, your insurer had to offer it, but you may or may not have chosen to buy it. If you cannot tell, call your agent or bring your policy to Trey. Reviewing your coverage is one of the first things Trey does, because UIM benefits are often the largest source of compensation available after a serious crash.
How Does The Underinsured Motorist Claims Process Work?
A UIM claim usually begins after you settle with or win against the at-fault driver for their available limits, then turn to your own policy for the remaining damages. Here’s the part that surprises many individuals: your own insurance company can treat your claim like an opponent. South Carolina law gives your UIM insurer the right to appear and defend in the name of the underinsured motorist in any action that may affect its liability, and the underinsured motorist insurer may assume control of the defense of the action for its own benefit. In other words, the company you’ve paid premiums to for years may fight to keep your recovery low. Don’t face your own insurer alone. Call 843-636-8739 for a free consultation, because Trey helps level the playing field.
How Much Can I Receive From An Underinsured Motorist Claim?
How much you can recover from an underinsured motorist claim depends on three main things: the severity of your injuries and losses, the at-fault driver’s available liability limits, and the amount of UIM coverage on your own policy. Your UIM benefits generally cover damages above what the at-fault driver’s insurance pays, up to your policy limit. South Carolina also follows a modified comparative negligence rule, so a plaintiff in a negligence action may recover damages if their negligence is not greater than the defendant’s. The amount of the plaintiff’s recovery shall be reduced in proportion to the amount of his or her negligence, meaning your recovery is barred entirely if you’re 51% or more responsible. Trey works to document every loss and push back on unfair blame.
How Trey Helps With Underinsured Motorist Claims
Trey Harrell brings something many injury attorneys don’t: real courtroom experience from his years as a former Federal Prosecutor. Insurance companies know which attorneys are willing to go to trial and which ones aren’t. Trey is confident in the courtroom and prepared to take your case all the way to a jury if that’s what it takes to see you treated fairly. As a third-generation Charlestonian and a father of two, he understands what these injuries do to a family, and he walks each client through the process step by step. Remember, Trey helps. Call 843-636-8739 for a free consultation, or visit the Charleston office at 2000 Sam Rittenberg Boulevard, Suite 2002.
Frequently Asked Questions About Underinsured Motorist Claims
How long do I have to file an injury claim in South Carolina?
For most car accident injury claims, South Carolina allows three years for an action for assault, battery, or any injury to the person or rights of another. Waiting can still hurt your case because evidence can fade, and some situations have different deadlines. Call Trey as soon as possible to protect your rights.
What if I were partly at fault for the accident?
You can still recover as long as you’re not 51% or more at fault, under South Carolina’s modified comparative negligence rule. Your share of the blame reduces your compensation. This is exactly why insurers try to pin fault on you, and why having Trey defend against those tactics matters.
Can I file a UIM claim against my own insurance company?
Yes. UIM coverage exists precisely so you can turn to your own policy when the at-fault driver’s insurance runs out. Just know your insurer may still contest how much you’re owed, so it helps to have Trey handle the negotiation.
How much does it cost to hire Trey?
Your first consultation is completely free and carries no obligation. Remember, Trey helps. Call 843-636-8739 today to get started.