SC Hit & Run? Uninsured Motorist Coverage: Your Rights in South Carolina 2025

A hit-and-run accident can leave you feeling vulnerable and uncertain. Imagine being struck by a driver who speeds off, leaving you with injuries, vehicle damage, and a mountain of questions. Sadly, hit-and-run incidents are on the rise in South Carolina, mirroring a concerning national trend. According to the AAA Foundation for Traffic Safety, hit-and-run deaths nationwide have surged by over 60% since 2009, and South Carolina is experiencing a similar increase in reported incidents. If you find yourself in this situation in 2025, understanding your rights and the protection offered by Uninsured Motorist (UM) coverage is crucial.

What is Uninsured Motorist Coverage?

Uninsured Motorist (UM) coverage is a vital component of your auto insurance policy in South Carolina. It acts as a safety net when you’re involved in an accident with a driver who either doesn’t have insurance or, as in a hit-and-run, cannot be identified. South Carolina law mandates that all auto insurance policies include UM coverage, ensuring a basic level of protection for all drivers.

According to the South Carolina Department of Insurance, the minimum UM coverage requirements are:

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

This means that if you’re injured by an uninsured or unidentified driver, your UM coverage can help pay for your medical bills, lost wages, and vehicle repairs, up to the limits of your policy.

Hit-and-Run Accidents and UM Coverage

In the eyes of the insurance industry, a hit-and-run accident is treated similarly to an accident with an uninsured driver. Since the at-fault driver is unknown and cannot be held accountable, your UM coverage steps in to provide compensation for your damages.

Important Considerations:

Physical Contact: South Carolina law generally requires “physical contact” with the unknown vehicle for UM coverage to apply in a hit-and-run. However, if there was no physical contact, an eyewitness who was not the owner or operator of the insured vehicle must sign an affidavit attesting to the fact the accident occurred.
Prompt Reporting: It is essential to report the hit-and-run accident to law enforcement and your insurance company as soon as possible. Delaying the report could jeopardize your ability to file a UM claim.
“John Doe” Lawsuit: Even if the at-fault driver is never identified, you may still need to file a personal injury lawsuit to receive UM benefits. This is done by suing an unknown defendant, referred to as a “John Doe.” Your insurance company will then defend the lawsuit in the name of the John Doe.

Steps to Take After a Hit-and-Run Accident

If you’re involved in a hit-and-run accident in South Carolina, taking the following steps can protect your health and your legal rights:

Safety First: Call an ambulance or take full medical precautions.
Report the Crash: Call law enforcement immediately, reporting details like vehicle color, license plate digits, and direction of travel.
Gather and Preserve Evidence: Take photos of vehicle damage, road conditions, and any other relevant details. Collect names and contact information for any witnesses. Dashcam footage can also be valuable evidence.
Seek Medical Care: Even if you feel fine, get checked out by a doctor. Some injuries may not be immediately apparent.
Notify Your Insurance Company: Report the accident to your insurance company promptly.
Contact an Attorney: A lawyer experienced in hit-and-run and uninsured motorist claims can help you navigate the legal process, access available insurance coverage, negotiate with carriers, and preserve critical evidence.

Understanding Uninsured Motorist Property Damage (UMPD)

Uninsured Motorist Property Damage (UMPD) coverage is typically included in South Carolina auto policies by default, unless you sign a written rejection form. UMPD can help pay for repairs or replacement of your vehicle if it’s damaged by an uninsured driver, without waiting for a court judgment.

Uninsured vs. Underinsured Motorist Coverage

It’s important to distinguish between Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. UM coverage applies when the at-fault driver has no insurance, while UIM coverage comes into play when the at-fault driver has insurance, but their policy limits are insufficient to cover your damages.

While UM coverage is mandatory in South Carolina, UIM coverage is optional. However, it’s highly recommended to purchase UIM coverage to protect yourself in situations where the at-fault driver’s insurance is inadequate.

Stacking UM/UIM Coverage

Under certain circumstances, South Carolina law allows you to “stack” or combine UM/UIM coverage limits within a single car insurance policy or across multiple policies. Stacking means that you can use more than one policy to cover bodily damages after an accident.

To stack UIM coverage in South Carolina, you must be a Class 1 Insured (a named insured or resident relative of a named insured), and the insured vehicle must have been involved in the accident.

The Importance of Legal Representation

Navigating the complexities of hit-and-run accidents and uninsured motorist claims can be challenging. An experienced South Carolina car accident attorney can:

Investigate your accident: Gather evidence, interview witnesses, and reconstruct the accident scene to build a strong case.
Review your insurance policy: Ensure you understand your UM/UIM coverage details and determine if the insurance company is acting in accordance with your policy.
Negotiate with the insurance company: Fight for a fair settlement that reflects the full extent of your damages, including medical expenses, lost wages, pain and suffering, and vehicle damage.
File a lawsuit, if necessary: Represent you in court if the insurance company denies your claim or offers an unfair settlement.

Hit and Run Penalties in South Carolina

Leaving the scene of an accident in South Carolina is a serious offense with significant penalties. The consequences vary depending on the severity of the accident and the resulting damages or injuries.

Accident Resulting in Property Damage: Misdemeanor charges, up to 30 days in jail, and fines of up to \$1,000.
Accident Resulting in Injury: Misdemeanor charges, 30 days to 1 year in jail, and/or a fine of \$100 to \$5,000.
Accident Resulting in Great Bodily Injury: Felony charges, 30 days to 10 years imprisonment, and a fine of \$5,000 to \$10,000.
Accident Resulting in Death: Felony charges, one year to 25 years imprisonment, and a fine of \$10,000 to \$25,000.

Don’t Wait, Take Action!

If you’ve been injured in a hit-and-run accident in South Carolina, don’t wait to seek legal assistance. Contact a qualified personal injury attorney to discuss your rights and options. Time is of the essence, as there are deadlines for reporting the accident and filing a claim.

By understanding your rights and taking prompt action, you can protect yourself and pursue the compensation you deserve.