Getting hit by a driver who has no insurance, or nowhere near enough of it, is a special kind of unfair. You did nothing wrong, yet suddenly you’re the one facing medical bills, missed paychecks, and a wrecked car. If that’s where you are right now, take a breath. You may still have a path to compensation, and you don’t have to sort it out alone. Trey Harrell is a Greenville uninsured motorist lawyer and former Federal Prosecutor who helps injured South Carolina drivers receive the compensation they deserve.. Call our experienced Greenville car accident lawyers at 843-636-8739 now for a free consultation. Remember, Trey helps.
Why Do So Many South Carolina Drivers Carry Too Little Insurance?
State law sets the bar low, and some drivers ignore even that. South Carolina requires every driver to carry minimum liability coverage of $25,000 for bodily injury to one person, $50,000 for injuries to two or more people in one accident, and $25,000 for property damage. Those numbers can sound like a lot until you spend a night in the hospital. One surgery, an ambulance ride, or a few weeks out of work can blow past $25K fast, leaving the at-fault driver’s policy far short of what you’ve actually lost.
Then there are the drivers who carry no insurance at all, even though the law requires it. Major crashes happen every day on I-85, I-385, Wade Hampton, and the busy surface streets around Greenville, and not everyone behind the wheel is covered. When the person who hit you cannot pay, your own coverage may be the only thing standing between you and a stack of bills you never should have owed.
What’s The Difference Between Uninsured And Underinsured Motorist Coverage?
Uninsured motorist (UM) coverage pays when the at-fault driver has no valid insurance. Underinsured motorist (UIM) coverage pays when that driver has some insurance, but not enough to cover your injuries. In South Carolina, every auto policy has to include uninsured motorist coverage, and that provision undertakes to pay the insured all sums he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle. Underinsured motorist coverage works differently. State law requires carriers to offer underinsured motorist coverage up to the limits of the insured’s liability coverage, providing protection when damages exceed the at-fault driver’s liability limits. It fills the gap when the other driver’s insurance runs out before your damages do.
Because UIM is offered rather than required, you may or may not have added it. Not sure what you have? Check the declarations page your insurer sends each renewal and look for “UM” and “UIM” lines, call your agent, or bring the policy to Trey, and he’ll read it with you. A hit-and-run counts too, because a motor vehicle is considered uninsured if the owner or operator is unknown.
Why Does A UM Or UIM Claim Turn Into A Fight With Your Own Insurance Company?
Because your own insurer effectively steps into the shoes of the at-fault driver, and it has a financial reason to pay you as little as possible. When you file a UM or UIM claim, you’re seeking money from a policy you paid for, but the company on the other side is still an insurance company guarding its bottom line. In fact, the insurer has the right to appear and defend in the name of the underinsured motorist in any action that may affect its liability. In plain terms, the same company that sends you a friendly renewal notice can turn around, question how hurt you are, argue you were partly to blame, or slow-walk your payment.
This is where Trey’s background matters. As a former Federal Prosecutor, he has tried cases before juries and is comfortable in a courtroom. When an insurer won’t negotiate fairly, Trey is ready to file suit and take your case to trial rather than accept a lowball offer. Don’t let your own insurer set the terms. Call 843-636-8739 for a free case review.
What Can You Recover, And What Makes A Claim Strong?
Generally, you can pursue the same damages you’d seek against any at-fault driver. This includes past and future medical bills, wages you lost while you couldn’t work, reduced earning ability, property damage, and compensation for the physical pain and emotional strain the crash caused. When serious cases involve long-term care, the future costs often matter the most, which is exactly what insurers try to downplay.
Evidence is what separates a strong claim from a weak one. The police report, photos of the vehicles and the scene, medical records linking your injuries to the wreck, witness statements, and proof of your lost income all combine to show what really happened and what it cost you. Acting quickly protects that evidence before it disappears or is forgotten about.
One rule to keep in mind. South Carolina follows modified comparative negligence with a 50% bar. Under this “less than or equal to” approach, a plaintiff in a negligence action may recover damages if his or her negligence is less than or equal to that of the defendant. In other words, you can still recover as long as you weren’t more than 50% at fault, though your compensation drops by your share of the blame. Insurers know this rule well, and they often try to pin extra fault on you to shrink what they owe. Having Trey build your case from the start helps blunt that tactic.
Why Greenville Drivers Call Trey Harrell
Trey Harrell pairs real courtroom experience with a personal, hands-on approach to every uninsured motorist case. He’s a former Federal Prosecutor with the confidence to try a case, not just settle it, which matters when an insurer digs in. He knows the state’s courts well, and he understands what it takes to help a family get back on its feet after a serious injury.
Just as important, Trey is easy to reach and patient enough to walk you through each step. His Greenville office is located at 812 Laurens Road, Suite B, is available by appointment, and he serves injured drivers throughout Greenville County and across South Carolina. Your consultation is free, and Trey handles injury cases on a contingency-fee basis, meaning there is no fee unless he recovers compensation for you. Call 843-636-8739 to get started.
Frequently Asked Questions About Uninsured Motorist Claims In Greenville
How much does it cost to hire an uninsured motorist lawyer?
Your first consultation with Trey is free. He handles these cases on a contingency fee basis, so you don’t pay attorney fees up front, and you owe no fee unless he recovers compensation for you. That way, cost isn’t a barrier to receiving honest answers about where you stand.
How long do I have to file an uninsured motorist claim in South Carolina?
South Carolina generally gives you three years for an action for assault, battery, or any injury to the person or rights of another. Your own policy may also set shorter deadlines for notifying your insurer, so the safest move is to call as soon as you can. Waiting lets evidence disappear and gives the insurance company more room to fight you.
How do I know if I have uninsured or underinsured motorist coverage?
Look at your policy’s declarations page, this is the summary your insurer mails at each renewal, and check for “UM” and “UIM” lines. Your agent can confirm it, or Trey can review the policy with you for free. Many drivers are surprised to learn they carry more protection than they realized.
What if the insurance company says I was partly at fault?
Under South Carolina’s modified comparative negligence rule, you can still recover as long as you weren’t more than 50% at fault, though your award is reduced by your percentage of blame. Insurers often exaggerate your fault to pay less. Trey builds cases that anticipate and push back on those arguments.
Can I still file a claim after a hit-and-run in Greenville?
Often, yes. South Carolina treats a crash involving an unknown driver as an uninsured motorist claim. Your own UM coverage may apply even when the other driver flees the scene. Report the crash to law enforcement promptly and call Trey to protect your claim.
Do you handle uninsured motorist cases in Greenville?
Yes. Trey’s Greenville office sits at 812 Laurens Road, Suite B, and meets clients by appointment, serving drivers across Greenville County and throughout South Carolina. Call 843-636-8739 to schedule your free consultation.
An uninsured or underinsured driver shouldn’t get to upend your life while the insurance company drags its feet. Trey Harrell will listen to your story, review your coverage, and tell you honestly where you stand, all at no cost. Every case is different and depends on its own facts, so the sooner you call, the sooner Trey can get to work. Call 843-636-8739 today for a free consultation at Trey’s Greenville office. Remember, Trey helps.