Uninsured Motorist Coverage in South Carolina: What Drivers Need to Know

It’s frustrating enough to be in a car accident — but finding out the other driver doesn’t have insurance makes things even worse.

Unfortunately, this happens more often than you’d think. That’s why uninsured motorist (UM) coverage is required by law in South Carolina.

Lexington car accident attorney Kent Collins explains how UM and underinsured motorist (UIM) coverage works and how it can help you recover after a crash.

What Is Uninsured Motorist Coverage?

UM coverage kicks in when the at-fault driver has no insurance. In South Carolina, auto policies must include minimum UM coverage that matches the state’s liability limits.

Uninsured motorist coverage provides compensation when the driver who caused your accident does not have liability insurance. Under South Carolina Code § 38-77-150, all auto insurance policies issued in the state must include UM coverage that matches the minimum liability limits:

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

This means that even if the at-fault driver has no insurance, you still have a source of recovery for medical bills, lost wages, and vehicle damage, up to your policy limits.

Uninsured vs. Underinsured Motorist Coverage

Although they sound similar, UM and UIM cover different situations.

Uninsured Motorist (UM) Coverage

UM coverage applies when the at-fault driver has no insurance at all. This includes hit-and-run crashes, as long as the collision is reported promptly and meets South Carolina’s reporting requirements.

Underinsured Motorist (UIM) Coverage

UIM coverage applies when the negligent driver has insurance, but their policy limits are too low to cover the full extent of your losses. For example, if your medical bills total $50,000 but the other driver’s policy covers only $25,000, UIM coverage can potentially make up the difference — depending on your policy limits and how your insurer applies offsets.

While UM coverage is required by law, UIM coverage is not. However, insurers must offer it pursuant to § 38-77-160, and adding it to your policy often provides valuable protection at a relatively low cost.

Why UM and UIM Coverage Matters in South Carolina

South Carolina consistently ranks among the states with a high percentage of uninsured drivers. Even when drivers do have insurance, many carry only the state minimum limits, which may not come close to covering the costs associated with a serious crash.

UM and UIM coverage can help pay for:

• Emergency medical treatment
• Ongoing medical care and rehabilitation
• Lost income
• Vehicle repairs or replacement
• Pain and suffering

Without UM or UIM coverage, victims may be left paying out-of-pocket for expenses they did not cause.

Steps to Take After an Accident with an Uninsured Driver

If you’re hit by a driver who does not have insurance or who flees the scene, you should take several important steps to help protect your rights and preserve your UM/UIM claim:

1. Call law enforcement immediately. South Carolina law requires that crashes be reported, and an accident report is often essential in UM and UIM claims.
2. Gather evidence. Take photos of the scene, obtain witness information, and document damage and injuries.
3. Notify your insurance company as soon as possible. UM and UIM claims have specific notice requirements, and delays may affect your claim.
4. Seek medical treatment promptly. Medical documentation will be important if you file a claim.
5. Consult an attorney. An attorney can help you understand your rights and obligations under your policy and South Carolina law.

Why Legal Help Matters

Even though these claims are filed with your own insurer, they are still adversarial in nature. Insurance companies may dispute the extent of your injuries, argue about policy interpretations, or attempt to settle for less than the value of your claim.

Kent Collins can assist by:

• Reviewing your insurance policy and identifying applicable coverage
• Collecting evidence to support your damages
• Handling communication and negotiations with the insurance company
• Filing a lawsuit if a dispute cannot be resolved

The goal is to make sure your claim is handled fairly and according to South Carolina law and the terms of your insurance contract.

Common Questions About UM/UIM Coverage in South Carolina

Is UM coverage mandatory in South Carolina?

Yes. All drivers must carry minimum UM coverage equal to the state’s required liability limits.

Is UIM coverage mandatory?

No. But insurers must offer it, and many drivers choose to add it for additional protection.

Will filing a UM claim increase my insurance premiums?

Not necessarily. Every insurer’s policies are different, and many factors can affect rates. You can discuss this with your insurer or an attorney who can help you understand your options.

Can I stack UM or UIM coverage?

Stacking may be allowed under certain circumstances in South Carolina, depending on how many vehicles you insure and your policy language. Reviewing your policy carefully is important.

Protect Yourself After an Uninsured Driver Accident

You pay for insurance to protect yourself in situations like this. If you’ve been hit by an uninsured or underinsured driver, don’t let your insurance company shortchange you.

Call Kent Collins Law today for a free consultation with a Lexington car accident lawyer.