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Imagine you’re driving through West Ashley or heading over the Ravenel Bridge when suddenly, another car swerves into your lane, clips your bumper, and keeps on driving. Or maybe you’re sitting at a red light when you’re rear-ended, and the other driver admits they don’t have a dime of insurance.
In that moment, your heart sinks. You’re hurt, your car is wrecked, and you think, “I’m out of luck. There’s no one to hold accountable.”
At the Trey Harrell Law Office, I hear this all the time. People feel double-victimized—first by the accident, and second by the fear that they’ll be stuck with the bill. But I’m here to tell you that in South Carolina, “no insurance” does not mean “no recovery.”
The “Secret” Policy You Already Own
The most common misconception I see is the belief that if the other person doesn’t have insurance, there is no money to recover. But here is the reality: You have likely been paying for this protection for years.
In South Carolina, Uninsured Motorist (UM) coverage isn’t an optional “add-on.” It is required by law on every liability policy. This means that even if the at-fault driver is a “John Doe” (someone you can’t identify) or has zero insurance, your own policy is designed to step into their shoes.
You aren’t “suing yourself.” You are simply accessing a benefit that you have diligently paid for with every monthly premium.
The “John Doe” Playbook
If you’re the victim of a hit-and-run, we treat the fleeing driver as “John Doe.” South Carolina law allows us to bring a claim against this unknown person to trigger your UM benefits. However, there are a few specific hurdles:
- The Physical Contact Rule: Generally, there must be physical contact between your vehicle and the hit-and-run vehicle.
- The Eyewitness Exception: If there was no contact (for example, if a “phantom vehicle” ran you off the road), you can still recover if an eyewitness (who isn’t the driver or owner of your car) signs an affidavit confirming what happened.
Maximizing Your Recovery: The Power of “Stacking”
Sometimes, the minimum $25,000 policy isn’t enough to cover your medical bills or lost wages. This is where stacking comes in. In South Carolina, if you have multiple vehicles in your household insured under the same or different policies, you may be able to “stack” those coverages on top of each other.
- How it works: If you have three cars at home, each with a $25,000 UM limit, you might be able to access up to $75,000 in total coverage for your injuries.
- The “Class 1” Rule: Generally, to stack, you (or a resident relative) must be a “Class 1” insured. This is a complex area of law that insurance companies often fight, but it can mean the difference between a partial recovery and a full one.
The “Prosecutor’s Edge” in Your Case
As a former federal prosecutor, I look at these cases differently than your average insurance adjuster. While the police are often spread thin and may not be able to spend days tracking down a hit-and-run driver, we take an investigative approach:
- We look for paint transfer on your vehicle.
- We canvas for doorbell cameras or traffic cam footage.
- We track down and interview witnesses before their memories fade.
The moment you file a UM claim, even your own insurance company can shift into “defense mode.” They want to pay out as little as possible. Having a firm that knows how to build a case from a criminal-investigatory perspective ensures they don’t overlook the details that matter to your recovery.
Common Questions About Uninsured Motorist Claims in SC
1. Does my insurance rate go up if I file an Uninsured Motorist (UM) claim? In South Carolina, insurance companies are generally prohibited from raising your rates for a claim where you were not at fault. Since UM coverage is designed for when someone else hits you, using it shouldn’t punish your wallet.
2. What if I was a passenger in a car hit by an uninsured driver?You are likely covered. You can often look to the insurance policy of the vehicle you were riding in, and potentially your own household auto policy as well. This is another area where “stacking” can significantly increase the available recovery.
3. Can I still recover if there was no “physical contact” in a hit-and-run?Yes, but the bar is higher. If a “phantom driver” ran you off the road without touching your car, you need an eyewitness who is not the owner or driver of your vehicle to provide a signed affidavit confirming the accident occurred.
4. How much UM coverage do I actually have?By law in South Carolina, your UM limits must at least match your liability limits (the state minimum is $25,000/$50,000). However, you may have opted for higher limits or have multiple policies that can be stacked.
5. Is there a deadline to file a hit-and-run claim?While the general statute of limitations for personal injury in SC is three years, hit-and-run cases have strict reporting requirements. You should report the accident to the police immediately and ensure the DMV is notified (via an FR-10 form) within 15 days to avoid complications with your claim.
6. What is the difference between UM and UIM?
- UM (Uninsured): For when the at-fault driver has zero insurance or flees the scene.
- UIM (Underinsured): For when the at-fault driver has insurance, but their limits aren’t high enough to cover the full extent of your injuries.
Because You Deserve a “Trey Helps” Solution
Doing the right thing shouldn’t leave you buried under a pile of medical bills or fighting a headache caused by aggressive insurance adjusters. Whether you called an Uber to stay safe on our Charleston roads or you were simply in the wrong place at the wrong time when an uninsured driver struck, you fulfilled your end of the bargain. Now, it’s time to make sure the insurance companies fulfill theirs.
Whether you were clipped on the Ravenel Bridge, side-swiped while merging onto I-26, or injured in a North Charleston hit and run, you shouldn’t have to navigate the “John Doe” legal hurdles or the finger-pointing between corporate insurers on your own. You need a Charleston car accident attorney who knows the local courts, understands the complexities of South Carolina uninsured motorist coverage, and actually cares about this community.
Proactive Safety, Aggressive Representation
At the Trey Harrell Law Office, we’re proud of our “Trey Helps You Uber” initiative because we believe in proactive safety for our neighbors. But when prevention fails, and a reckless, uninsured driver changes your life, we’re here to help you pick up the pieces. As a former federal prosecutor, I’d rather spend my time fighting for your recovery in the courtroom than putting up another flashy billboard.
Don’t Fight the Insurance Giants Alone
If you were injured by a driver who fled the scene or lacked insurance, let us handle the red tape and the “John Doe” filings while you focus on your physical recovery.
Ready to get the help you actually need?
- Call us: 843-636-TREY (8739)
- Visit us: 2000 Sam Rittenberg Boulevard, Suite 2002, Charleston, SC 29407
- Online: Schedule your Free Consultation at TreyHelps.com