Columbia Uninsured Car Accident Lawyer
Getting hit by an uninsured driver creates a frustrating situation that too many Columbia motorists face. You followed the rules, paid your premiums, and drove responsibly, yet now you are dealing with serious injuries because someone else chose to break the law by driving without insurance. The financial burden should not fall on you.
At Stewart Law Offices, our Columbia auto accident attorneys have spent over 30 years fighting to protect injury victims when uninsured and underinsured drivers cause serious car accidents in Columbia. We know how to handle South Carolina’s uninsured motorist laws and hold insurance companies accountable when they try to avoid paying valid claims.
The Uninsured Driver Problem in South Carolina
According to the Insurance Research Council’s 2025 study, 15.4% of motorists nationwide were uninsured in 2023, more than one in seven drivers on the road. This represents a significant increase from previous years and means that encountering an uninsured driver is not a rare occurrence but a real risk every time you drive through Columbia.
South Carolina law requires all drivers to carry minimum liability insurance, yet thousands of motorists ignore this legal obligation. When these drivers cause accidents, innocent victims face a difficult situation. You cannot collect compensation from someone who has no insurance and likely no assets to pay for your damages.
Understanding South Carolina’s Uninsured Motorist Coverage Requirements
South Carolina law mandates that every auto insurance policy include uninsured motorist coverage. According to the South Carolina Department of Insurance, all drivers must carry UM coverage with minimum limits matching the state’s liability requirements:
Minimum Coverage Levels:
- $25,000 per person for bodily injury
- $50,000 total per accident for bodily injury
- $25,000 for property damage (subject to a $200 deductible)
This coverage protects you when an at-fault driver has no insurance or when their insurance company denies coverage. The law recognizes that uninsured drivers pose a serious threat to responsible motorists and requires this protection.
When Does Uninsured Motorist Coverage Apply?
Your UM coverage applies in several specific situations that our Columbia car accident lawyer team handles regularly:
The Driver Has No Insurance
The at-fault driver never purchased insurance or let their policy lapse before the accident. These cases require proof that no valid insurance existed at the time of the crash.
Hit-and-Run Accidents
When a driver flees the scene and cannot be identified, South Carolina law treats them as an uninsured motorist. Similar to hit-and-run accidents, UM coverage provides your only source of compensation when the at-fault party escapes.
Insolvent Insurance Companies
If the at-fault driver’s insurance company goes bankrupt or enters receivership and cannot pay claims, your UM coverage applies.
Uninsured vs. Underinsured Motorist Coverage
UM/UIM coverage protects you when the other driver can’t pay, covering medical expenses, lost wages, property damage, and sometimes pain and suffering. Without it, you’d pay out-of-pocket for someone else’s negligence. These coverages sound similar but apply to different situations:
- Uninsured Motorist Coverage (UM): Mandatory in South Carolina. Protects you when the at-fault driver has zero insurance coverage.
- Underinsured Motorist Coverage (UIM): Optional in South Carolina. Protects you when the at-fault driver has insurance, but their limits are too low to cover your full damages.
Many drivers carry only the state minimum $25,000 per person coverage. If your injuries result in $100,000 in medical bills, that minimum policy leaves you $75,000 short. UIM coverage fills this gap, which becomes especially important in serious crashes like rear-end collisions that often cause lasting injuries.
Steps to Take After a Crash with an Uninsured Driver
Actions taken immediately after discovering the at-fault driver lacks insurance can significantly impact claim outcomes.
Document the Crash:
- Call 911 and request a police response to create an official accident report
- Photograph all vehicles, damage, road conditions, and the accident scene
- Obtain contact information from all drivers and witnesses
- Do not accept cash payments or agree to settle at the scene
- Seek immediate medical evaluation, even for seemingly minor injuries
Report to Your Insurance Company:
- Notify your insurer promptly to trigger uninsured motorist coverage
- Provide factual information about the crash
- Avoid giving recorded statements without legal representation
- Request a copy of your policy declarations page to review coverage limits
Preserve Evidence:
- Keep all medical records, bills, and treatment documentation
- Document lost wages with pay stubs and employer statements
- Save receipts for all accident-related expenses
- Photograph injuries throughout recovery
What Losses Can Be Recovered in UM/UIM Claims?
Even though you are claiming against your own insurance policy, you are entitled to the same types of compensation as if you sued the at-fault driver directly:
Economic Damages:
- All medical expenses (past, present, and future)
- Lost wages and income
- Reduced earning capacity
- Property damage to your vehicle
- Out-of-pocket costs related to your injuries
Non-Economic Damages:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Loss of consortium (for spouses)
In cases involving severe injuries or death, families may also need guidance from a Columbia wrongful death lawyer to pursue all available compensation.
South Carolina’s Three-Year Statute of Limitations
You generally have three years from the date of the accident to file a lawsuit related to your injuries. However, waiting too long can damage your case as evidence disappears and witnesses’ memories fade. Early legal action preserves evidence and strengthens your position in negotiations with your insurance company.
South Carolina’s Comparative Negligence Rule
South Carolina follows a modified comparative negligence standard. If a victim is found 51% or more at fault for the crash, they cannot recover compensation through uninsured motorist coverage.
If the victim bears some fault but less than 51%, their compensation is reduced proportionally. For example, if damages total $100,000 but the victim is found 30% at fault, they receive $70,000.
This rule makes thorough evidence collection and liability determination crucial in uninsured motorist claims.
Why Insurance Companies Fight UM Claims
When you file a UM claim, you are asking your own insurance company to pay. Despite years of premium payments, your insurer now has a financial incentive to deny or minimize your claim. Common tactics include:
- Arguing you were partially or fully at fault
- Claiming your injuries are not as severe as you report
- Offering quick lowball settlements before you know your full damages
- Disputing policy stacking rights
- Delaying the claims process, hoping you will give up
Stewart Law Offices has been fighting these tactics for over 30 years. We know the strategies insurance companies use and how to counter them effectively.
Visit Our Uninsured Car Accident Lawyer in Columbia
Contact a Columbia Uninsured Car Accident Lawyer Today
If an uninsured driver caused your injuries, do not let their irresponsibility and your insurance company’s tactics leave you paying the bill. Stewart Law Offices fights to ensure the UM coverage you paid for actually protects you when you need it most.