How to Handle a Car Accident Involving an Uninsured Driver in Rock Hill, SC

A car accident is a very scary thing for anyone. It is even worse when the other person has no insurance. One driver might be on I-77 and see a car coming fast. Or a driver might be on Cherry Road and get hit from behind. The first thought is often about safety. But the second thought is often about money. How will the car get fixed? Who will pay the doctor bills? Dealing with an Uninsured Driver Accident is a huge stress for families in Rock Hill. It feels very unfair. A person follows the law and pays for insurance. Then a person who did not follow the law causes a wreck. The Law Offices of Wilkerson Jones and Wilkerson sees this happen a lot. It is a sad part of life on our roads. But there is a path to get help even when things look dark.

The traffic in York County is getting worse every year. More cars mean more chances for a crash. Many people in our city are in a hurry. They might forget to pay for their car insurance. When these people cause a wreck, the victim feels stuck. It is a very heavy weight to carry. A person might feel angry or afraid. These feelings are normal. One must stay calm to make good choices. Knowledge of the law is the best way to feel safe again. This guide will show what to do next.

What Should You Do If an Uninsured Driver Hits You in South Carolina? 

If an uninsured driver hits you in South Carolina, you must call the police to document the scene and then file a claim under your own Uninsured Motorist (UM) coverage. South Carolina law requires all auto policies to include UM coverage, which pays for your medical bills and property damage when the at-fault driver is uninsured.

The very first step is to call 911. A driver must get a Rock Hill police report. This is a very important piece of paper. It shows the truth about the crash. Without it, the other driver might lie. They might say they had insurance when they did not. Or they might say the crash was not their fault. One must check the insurance of the other person at the scene. Ask to see the card. If they say they do not have one, tell the police right away.

Take many pictures of the cars. Also take pictures of the other driver. Sometimes people who do not have insurance try to run away. Having a picture of their face or their car plate is very helpful. One driver should also look for people who saw the crash. These people can tell the police what they saw. It is a good idea to write down their phone numbers. This evidence is the only way to get trusted legal help later. Do not wait to gather this info. The rain or the wind might wash away marks on the road.

How Does Uninsured Motorist (UM) Coverage Work in South Carolina?

In South Carolina, Uninsured Motorist (UM) coverage is mandatory and typically matches your liability limits. It acts as the “at-fault” insurance, covering your costs if the other driver has no insurance or if you are the victim of a hit-and-run in Rock Hill.

This law is a safety net for good drivers. The state says that every insurance company must give you this help. It covers two main things. The first is bodily injury. This pays for your body to get better at the hospital. The second is property damage. This pays to fix your car. Most of the time, this coverage matches the other parts of your policy.

There is a difference between Uninsured (UM) and Underinsured (UIM) coverage. UM is for when the other person has zero insurance. UIM is for when they have a little bit of insurance but not enough. In South Carolina, you have to have UM. You do not have to have a UIM. But it is a very good idea to have both. A wreck can cost a lot of money. One hospital visit can be very expensive. Having both types of help keeps your family safe from losing money. It is a way to find recovering from injury support without spending all your savings.

Can You Sue an Uninsured Driver Personally in Rock Hill?

A person has a legal right to sue the driver who hit them. This is true even if they have no insurance. But there is a big problem with this idea. Most people who do not pay for insurance also do not have a lot of money in the bank. Lawyers call this being “judgment proof.” It means even if a judge says they owe you money, they might not have any money to give.

Suing a person with no assets is often a waste of time. It can take a long time and cost a lot. But sometimes a person has money hidden away. Or they might have a job that pays well. The Law Offices of Wilkerson Jones and Wilkerson look for these hidden things. One driver needs to know if the person who hit them owns a house or a boat. If they have nothing, then the UM claim is the best way to go.

It is a hard truth to hear. One feels that the bad driver should have to pay. It feels like they are getting away with it. But the goal of the law is to get the victim back to health. If the other driver has zero cents, your own insurance is the answer. This is why paying your own bills every month is so important. It protects you from the mistakes of others. One should always speak with a professional before giving up on a case.

What are the SCDMV Reporting Requirements for Uninsured Accidents?

After an accident with an uninsured driver, you must ensure the police complete an FR-10 form. If the driver is confirmed uninsured, you may need to file Form FR-309 with the SCDMV to verify your own coverage and potentially trigger state penalties against the uninsured operator.

The paperwork after a crash is very boring. But it is a rule in South Carolina. The FR-10 form is the blue form the police give you. It proves you had insurance at the time of the wreck. One must give this to their insurance company fast. If the other person was driving illegally, the state wants to know. The SCDMV can take away their license. They can also make them pay big fines.

The FR-309 form is a special one for uninsured driver accident cases. It tells the state that a person hit you without insurance. This helps the state track down people who break the law. It also helps your insurance company know that the claim is real. One driver should keep copies of every form. Put them in a folder. Keep them in a safe place. If a form gets lost, it can slow down your money. The Law Offices of Wilkerson Jones and Wilkerson helps people fill out these forms. It is easy to make a mistake when you are hurt. A mistake can lead to a denial of your claim.

What Happens if You are a Victim of a Hit-And-Run in York County?

A hit-and-run is a very mean thing. A person hits your car and then drives away. They leave you alone on the road. This happens a lot on dark roads near Rock Hill at night. In South Carolina, the law has special rules for this. To use your UM coverage, there usually must be “physical contact.” This means the other car must have touched your car.

If there was no contact, you might still get help. But you need a witness. This witness must sign a paper called an affidavit. They must say they saw the other car cause the wreck. This car is often called a “phantom vehicle.” It is like a ghost that causes trouble and then disappears. York County police try to track these cars down. They look at cameras at gas stations. They look at doorbell cameras.

If a driver is a victim of this, they should not chase the other car. Chasing is dangerous and can cause another wreck. Just stay at the scene. Call the police. Try to remember the color and the make of the car. Did it have a sticker? Was a window broken? Every small detail helps the police. The Law Offices of Wilkerson Jones and Wilkerson knows how to use this info to build a case. A hit-and-run feels like a double betrayal. But the UM law still protects the victim.

Does Your Insurance Rate Go Up for a UM Claim in South Carolina?

Under South Carolina law, insurance companies generally cannot raise your premiums for filing an Uninsured Motorist claim if you were not at fault for the accident. UM coverage is a protection you pay for specifically to safeguard against these exact situations on Rock Hill roads.

This is a big worry for many people. They are afraid to use the insurance they pay for. They think they will be punished with higher bills. But the law in our state is on your side. If you did nothing wrong, your rate should stay the same. You pay for UM help every month. It is your right to use it.

Insurance companies might try to say the crash was your fault. They do this to save their own money. This is why having a police report is so vital. It proves who was at fault. If the insurance company tries to raise your rate anyway, you should talk to a lawyer. The Law Offices of Wilkerson Jones and Wilkerson protects drivers from these unfair hikes. One driver should not be scared to ask for help. Using your policy is the smart way to handle a navigating a wreck claim. It is what the money is there for.

Why You Need a Rock Hill Lawyer for an Uninsured Driver Claim

One might think that their own insurance company will be nice. After all, you have paid them for years. But when it is time for them to pay you, they often become mean. They act like an enemy. They might try to pay you as little as they can. This is called an adversarial stance. A Rock Hill lawyer knows how to fight back. They know how to talk to the insurance adjusters.

A local lawyer also knows the city. They can go to businesses on Cherry Road and ask for video. They can talk to the police in York County who worked on the crash. They also know local doctors. These doctors can help you get better while the case is going on. Sometimes a doctor will wait for payment until the end. This is very helpful for a family with no extra money.

The Law Offices of Wilkerson Jones and Wilkerson have over Many years of experience. This experience means they have seen every trick in the book. They know how to find money where other people do not look. One driver should not try to do this alone. It is like trying to fix a broken car engine with no tools. A lawyer is the right tool for the job. They take the stress off your back. You can focus on your health and your family.

Conclusion

An uninsured driver accident is a heavy burden. It makes a hard day much worse. But the law in South Carolina gives you a way out. You have the right to use your UM coverage. You have the right to see a doctor. You have the right to get your car fixed. The Law Offices of Wilkerson Jones and Wilkerson are ready to stand by your side. We have seen the pain these wrecks cause to our neighbors.

One must act fast after a crash. Evidence disappears. Memories fade. The law has strict time limits. If you wait too long, you might lose your right to get help. Do not let a bad driver win twice. Use the safety net you have built for yourself. Talk to a team that knows Rock Hill and knows the law. We will fight to make things right for you. Your family deserves to move past this stress. Reach out today for a free talk about your case. There is a path to a better tomorrow.

FAQs

What if the uninsured driver has a job but no money in the bank?

 If a driver has a good job, a judge might take some of their pay every month. This is called garnishment. But this is very hard to do in South Carolina. Most of the time, using your own UM insurance is much faster and easier for everyone involved.

Can I get help if I was walking and got hit by an uninsured car?

 Yes. In many cases, your own car insurance policy will cover you even if you were walking. This is a special part of the law that many people do not know. It is worth checking your policy to see if you are safe.

Is there a deductible for an uninsured motorist claim?

Yes, there is often a small cost you must pay first. In South Carolina, the law usually sets this at two hundred dollars for property damage. This is much less than the cost of a whole new car. It is a small price for a lot of help.

What if I was a passenger in a car that got hit? 

If you were a passenger, you might be covered by the driver’s insurance. You might also be covered by your own insurance at home. A lawyer can help you find out which policy will pay for your doctor bills. You have many options.

How long do I have to file a UM claim in Rock Hill?

One driver usually has three years to file a lawsuit in South Carolina. But insurance policies often have their own rules. They might want you to tell them about the crash in just a few days. It is best to act as fast as you can to stay safe.

Free case review: Call us or send a message to start a confidential consultation today.