After a car accident, one of the first things many people wonder is whether the other driver’s insurance will cover their injuries and vehicle damage. Unfortunately, the answer isn’t always yes. In South Carolina, some drivers carry no insurance at all, while others have only minimum coverage that may not cover serious injuries or extensive losses.

If you’re hurt in an accident caused by an uninsured or underinsured driver, you still have options, but understanding how the process works can make a significant difference in protecting your rights and your financial recovery. In this blog, we’ll explore what you need to know.

Understanding Uninsured vs. Underinsured Drivers

While the terms sound similar, they refer to different situations, and each affects how your claim is handled.

Uninsured drivers have no active liability insurance at the time of the accident. This may include drivers whose policies have lapsed, been canceled, or were never purchased in the first place.

Underinsured drivers do carry insurance, but their policy limits aren’t high enough to fully cover the damages they cause. For example, if your medical bills and losses total $75,000 but the at-fault driver only carries $25,000 in coverage, their policy may leave you with a significant financial gap.

South Carolina law requires drivers to carry minimum liability insurance, but unfortunately, not everyone follows the rules — and minimum coverage often isn’t enough after a serious accident.

South Carolina’s Required Uninsured Motorist Coverage

One important protection for drivers in South Carolina is uninsured motorist (UM) coverage. By law, auto insurance policies in the state include UM coverage unless it is specifically rejected in writing.

This coverage may help pay for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Vehicle damage and repair costs
  • Other accident-related losses

If you’re injured by an uninsured driver, your own UM coverage essentially steps in to provide compensation up to your policy limits. While it may feel frustrating to rely on your own insurance after someone else caused the accident, this protection exists specifically for situations where the at-fault driver cannot pay.

How Underinsured Motorist Coverage Works

Underinsured motorist (UIM) coverage is optional in South Carolina, but it can be extremely valuable — especially in severe injury cases. UIM coverage helps bridge the gap when the at-fault driver’s insurance falls short of covering your full damages, for example:

  • The at-fault driver carries $25,000 in liability coverage.
  • Your damages total $75,000.
  • If you have UIM coverage, your policy may help cover the remaining balance after the at-fault driver’s insurance is exhausted.

Without UIM coverage, accident victims may be left paying out-of-pocket for expenses that exceed the other driver’s policy limits.

Challenges That Can Arise in These Claims

Claims involving uninsured or underinsured drivers can be more complex than standard accident cases. Even though you’re working with your own insurance company, they may still evaluate your claim carefully and attempt to limit payouts — just as any insurance provider would. Common challenges may include:

  • Disputes over the severity of injuries
  • Questions about medical treatment or recovery timelines
  • Attempts to minimize compensation for pain and suffering
  • Delays while coverage and liability are investigated

Because these cases often involve multiple policies and layers of coverage, having a clear strategy and experienced legal guidance can help ensure your claim is handled properly from the start.

Steps to Take After an Accident with an Uninsured or Underinsured Driver

If you believe the at-fault driver lacks adequate coverage, taking the right steps early can help protect your claim:

  • Call law enforcement and file an accident report. Official documentation is important for establishing fault and confirming insurance details.
  • Seek medical attention promptly. Even if injuries seem minor at first, a medical evaluation helps identify hidden injuries and creates a clear record of your condition.
  • Notify your insurance company. Inform them of the accident and any concerns about the other driver’s coverage.
  • Document everything. Save photos, medical records, repair estimates, and communication with insurance representatives.
  • Speak with an attorney before accepting a settlement. Early offers may not reflect the full value of your claim, especially if long-term medical needs are still unknown.

Why Legal Guidance Matters in UM and UIM Claims

Many accident victims assume that claims involving their own insurance company will be simple. In reality, these cases still require careful documentation, negotiation, and legal understanding to secure fair compensation.

An experienced personal injury attorney can help by:

  • Reviewing all available insurance coverage
  • Calculating the true value of your claim
  • Handling communication with insurance adjusters
  • Protecting you from accepting a settlement that’s too low
  • Pursuing additional sources of compensation when available

The goal is to ensure that you’re not left covering costs that should be paid through insurance or legal recovery.

Protecting Yourself Before an Accident Happens

While you can’t control other drivers’ behavior, you can take proactive steps to protect yourself financially:

  • Review your current policy limits regularly
  • Consider adding underinsured motorist coverage if you don’t already have it
  • Ask your insurance provider how UM and UIM benefits apply in different scenarios
  • Keep documentation of your coverage easily accessible

Let Leffew Law Firm Help You Understand Your Options After a Traffic Collision

These steps can make a significant difference if you’re ever involved in a serious accident.

Being hit by an uninsured or underinsured driver can feel overwhelming, especially when medical bills and vehicle damage begin to add up. But lack of coverage from the at-fault driver doesn’t mean you’re out of options. South Carolina’s insurance requirements, along with UM and UIM coverage, are designed to help protect you when the unexpected happens.

Understanding how these claims work and having the proper support can help you move forward with confidence, knowing your rights and financial recovery are being fully considered. If you’ve been injured in an accident involving an uninsured or underinsured driver, reach out to an experienced personal injury attorney at Leffew Law Firm, and we’ll help you understand your options, evaluate your coverage, and pursue the compensation you deserve.