Lexington Uninsured Motorist Lawyer

Legally Reviewed by Stephen Vicari: July 01, 2026

Getting hit by another driver is stressful enough. Discovering that the driver has no insurance, or coverage so thin it barely covers your first emergency room visit, makes an already difficult situation feel impossible. Medical bills arrive. Your car needs repairs. You cannot work. And the person responsible for all of it cannot pay. It feels like you have nowhere to turn.

But you do have options, and understanding them could make an enormous difference in what your recovery actually looks like. South Carolina law was designed with exactly this situation in mind, and having the right attorney navigate it on your behalf is the most effective way to reach the best possible outcome.

Our legal team includes Stephen Vicari, a licensed attorney with the South Carolina Bar with more than 10 years of experience representing injured clients throughout Lexington County. From your very first call, you will work with attorneys who genuinely care about your situation, people who will answer your questions honestly, guide you through your options with clarity, and fight without reservation to secure the compensation you need. Whether you are dealing with medical bills you did not expect, a vehicle you cannot drive, or the harder-to-measure costs of pain and weeks of your life lost to recovery, we treat your case like it matters, because it does. You do not pay anything unless we win.

What Is Uninsured Motorist Coverage in South Carolina?

An uninsured motorist (UM) claim allows you to recover compensation through your own insurance policy when the at-fault driver has no insurance coverage.

Instead of pursuing the other driver directly, you file a claim with your insurer under your UM policy. This process can become complicated because your insurance company may still try to minimize payouts.

South Carolina law requires that every auto policy issued in the state include uninsured motorist coverage at least equal to the minimum bodily injury and property‑damage limits. Under South Carolina Code section 38‑77‑150, the minimum required UM limits are:

• 25,000 dollars per person for bodily injury
• 50,000 dollars per accident for bodily injury
• 25,000 dollars per accident for property damage

UMPD is designed to handle the costs of repairing or replacing your vehicle and any personal items damaged by an uninsured motorist. By law in South Carolina, this coverage is automatically included in standard auto policies and has a mandatory $200 deductible. If your policy also includes collision coverage, you will need to evaluate which option offers the more favorable deductible and consider the potential impact on your insurance history.

Your policy can carry higher UM limits, and in many cases, it is smart to do so. An uninsured motorist claim lawyer in Lexington, SC, will review your declarations page and policy language to explain exactly how much UM coverage you have and how it can be used after a crash.

How Common are Uninsured Drivers in South Carolina?

The number of uninsured drivers on American roads has been increasing for years, and South Carolina is not immune to that trend.

According to the Insurance Research Council’s 2025 Study covering 2023 data, 15.4 percent of motorists nationally, more than one in seven drivers, were uninsured in 2023, and an additional 18 percent were underinsured, meaning one in three drivers on American roads was either carrying no insurance or not enough to meaningfully cover a serious accident.  

South Carolina fares somewhat better than the national average. According to the most recent Insurance Research Council data, South Carolina’s uninsured motorist rate stands at approximately 10.3 percent, meaning roughly one in ten drivers on Lexington County roads has no liability insurance coverage at all. That may sound relatively low, but on a busy road like US-378 or I-20, carrying thousands of vehicles daily, it represents a very real, daily risk for every insured driver in the county. 

When Can You Make an Uninsured Motorist Claim?

You may have a valid UM claim in several situations, including:

• The at‑fault driver had no liability insurance at the time of the crash.
• You were injured in a hit‑and‑run, and the at‑fault driver could not be identified.
• You were a pedestrian, cyclist, or passenger struck by an uninsured driver.
• You were a passenger in someone else’s car that was hit by an uninsured vehicle.

For hit‑and‑run cases, South Carolina law generally requires physical contact with the at‑fault vehicle (or proof that debris from that vehicle struck you/your car), and you must report the incident promptly. Your UM insurer may also impose specific notice and cooperation requirements.

An uninsured motorist claim lawyer in Lexington, SC will examine:

• Police reports and DMV records to confirm the at‑fault driver’s insurance status.
• Whether your crash qualifies as a UM event under South Carolina law and your policy.
• Whether any other policies (such as a household member’s UM coverage) may apply.

Steps to Take Immediately After an Accident With an Uninsured Driver in Lexington

The actions you take at the scene and in the hours following an accident with an uninsured driver directly affect what compensation you will ultimately be able to recover. Follow these steps carefully.

• Call 911 and Get a Law Enforcement Response. A police report is essential in any accident, but it is especially critical when the other driver may be uninsured. The responding officer will document the parties involved, the circumstances of the crash, and any citation issued to the at-fault driver. In hit-and-run accidents, the responding officer can initiate an investigation and document the scene in a way that supports your UM claim.
• Do Not Assume the Other Driver Has No Insurance at the Scene. The other driver may claim to have insurance or not, and either statement may turn out to be incorrect. Collect all available information, including name, driver’s license number, license plate, vehicle description, and any insurance card they carry. Your insurance company will verify the coverage status.
• Document the Accident Scene Thoroughly. Photograph all vehicles from multiple angles, visible damage, road conditions, traffic signals and signage, skid marks, and your injuries. If the other driver leaves the scene before law enforcement arrives, note their direction of travel, a description of the vehicle, and any partial license plate information if you observed it safely.
• Notify Your Own Insurance Company Promptly. South Carolina’s uninsured motorist coverage is accessed through your own policy, which means your insurer needs to be notified promptly. Many insurance companies impose strict internal deadlines, sometimes as short as 30 days, for notifying them that the other driver was uninsured. Failing to notify your own carrier promptly can complicate or jeopardize your UM claim. Do not wait.
• Seek Medical Treatment and Follow Your Care Plan. Your medical records establish both the nature of your injuries and their connection to the accident. Any gap in treatment will be used by the insurance company to argue that your injuries were not serious or were unrelated to the crash.
• Contact a Lexington Uninsured Motorist Claim Lawyer Before Giving Any Statement. Your own insurer, despite being the company you pay premiums to, has a financial interest in minimizing what it pays on your UM claim. Before giving a recorded statement to any insurance representative, speak with an attorney who can advise you on how to protect your interests.

Common Challenges and Roadblocks in Uninsured Motorist Claims

Even when your UM coverage is clear and your injuries are documented, getting your own insurance company to pay the full value of your claim is rarely effortless. Common challenges include:

• Low Initial Settlement Offers. Insurance companies frequently open with offers well below the actual value of the claim, hoping that unrepresented claimants will accept quickly. These early offers are often made before the full scope of your injuries and future care needs is understood.
• Claim Denials Based on Coverage Disputes. Your insurer may dispute whether the accident meets the definition of an uninsured motorist event, particularly in hit-and-run cases where physical contact between vehicles is required for a UMPD claim, or in cases where the insurer argues the other driver’s policy provides some minimal coverage.
• Allegations of Partial Fault. Under South Carolina’s modified comparative negligence rule, you can still recover under UM coverage even if you were partially at fault for the accident, as long as your share of fault does not exceed 50 percent, but your recovery will be reduced proportionally. Insurers sometimes inflate the victim’s percentage of fault to reduce their payment obligation.
• Documentation Disputes. Insufficient documentation of damages, incomplete medical records, gaps in treatment, and missing wage loss evidence give insurers grounds to dispute the amount owed. Our attorneys work with clients to ensure that the evidentiary record is complete and compelling before any settlement discussions begin.

How Other Insurance Coverages Interact with Your Uninsured Motorist (UM) Claim in South Carolina

Your Uninsured Motorist claim does not exist in isolation. It can interact with other types of insurance, which may affect how much you ultimately recover.

Health Insurance

If you have health insurance, it may pay your medical bills first. However, your health insurer often has the right to assert a subrogation lien against your UM settlement, meaning you may have to repay a portion of what they paid. An experienced attorney can negotiate these liens to reduce their impact and maximize your net recovery.

Medical Payments Coverage (MedPay)

Many South Carolina auto policies include optional MedPay coverage, which pays medical expenses regardless of fault, up to the policy limit. MedPay can provide quick funds for treatment while your UM claim is being processed. Importantly, under S.C. Code § 38-77-144, MedPay benefits are generally not subject to subrogation.

Workers’ Compensation

If you were injured in a car accident while working (for example, during a delivery or work-related travel), you may be eligible for both workers’ compensation benefits and a UM claim. The interaction between these systems is complex. Workers’ compensation carriers typically have strong subrogation rights and may seek reimbursement from your UM recovery. Careful coordination is required to avoid waiving rights in either system.

Properly managing these overlapping coverages is critical to maximizing your total compensation. An experienced attorney can help manage these interactions and protect your interests.

How Much Compensation Can You Recover in an Uninsured Motorist Claim?

Compensation in UM claims can include:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Property damage to your vehicle
• Pain and suffering
• Emotional distress and loss of enjoyment of life

The amount depends on your policy limits, the severity of injuries, and how well your case is documented. An experienced car accident lawyer in Lexington, SC, can help maximize your recovery.

Visit Our Uninsured Car Accident Lawyers in Lexington, SC

Contact an Uninsured Motorist Claim Lawyer in Lexington, SC, Today

You did everything right. You had insurance. You were following the law. The driver who hurt you was not, and now you should not be the one left carrying the financial burden of their irresponsibility.

Stewart Law Offices is ready to help you understand exactly what coverage you have, pursue every available source of compensation, and fight to make sure your insurance company pays what it owes. From Lexington’s busiest intersections to its quietest neighborhood streets, our attorneys know this community and are prepared to advocate for it.

FAQs About Uninsured Motorist Claims in Lexington, SC