Driving on the highway seen by the eyes of young woman
South Carolina, like many states, operates under an at-fault car accident system. This means that the person responsible for causing a car accident is also responsible for paying for the resulting damages.
However, what happens when the at-fault driver doesn’t have insurance or doesn’t have enough insurance to cover your losses? This is where your own uninsured motorist and underinsured motorist coverage comes into play.
Understanding Uninsured Motorist and Underinsured Motorist Coverage
Uninsured motorist (UM) and underinsured motorist (UIM) coverage are important components of auto insurance policies that protect you financially in specific accident scenarios. Both UM and UIM provide vital financial protection when you’re involved in an accident with a driver who is uninsured or underinsured.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage protects you if you are involved in an accident with a driver who does not have any insurance. In Upstate South Carolina, it is mandatory for all drivers to carry UM coverage. This coverage can help pay for your medical expenses, vehicle damage, lost wages, and other damages resulting from the accident.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage covers you when the at-fault driver has insurance, but their policy limits are insufficient to cover the full extent of your damages. UIM coverage can help bridge the gap between the at-fault driver’s coverage and your actual losses. While not mandatory in South Carolina, insurance companies are required to offer UIM coverage to their customers, and it is highly recommended that drivers purchase it.
The Importance of UM/UIM in an At-Fault State
In an at-fault state like South Carolina, you would typically seek compensation from the at-fault driver’s insurance company. However, if the at-fault driver is uninsured or underinsured, you may be left with significant financial burdens. UM/UIM coverage acts as a safety net, ensuring that you are not left to bear the financial consequences of someone else’s negligence.
Modified Comparative Negligence in South Carolina
A man calls the insurance company or the police because someone backed into the side door of his car in the parking lot.
South Carolina follows a “modified comparative negligence” rule. This means that you can recover damages even if you are partially at fault for the accident, as long as your percentage of fault is not greater than 50%. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, you can still recover 80% of your damages.
How UM/UIM Can Help with Modified Comparative Negligence
UM/UIM coverage can be particularly helpful in situations involving modified comparative negligence. Even if you are partially at fault for an accident, you can still utilize your UM/UIM coverage to recover damages, up to the limits of your policy. This can be essential in cases where the at-fault driver has minimal coverage or is uninsured.
How Much Money Is My UM/UIM Claim Worth?
The value of an uninsured motorist or underinsured motorist claim isn’t a fixed number. It varies significantly depending on the specifics of each case. Here’s a breakdown of the key factors that influence how much a UM/UIM claim is worth:
The Extent of Your Damages
Your insurance company will consider your economic (monetary) and non-economic damages (intangible), including, but not limited to:
- Medical Expenses: This includes all costs related to your injuries, such as hospital stays, surgeries, doctor visits, physical therapy, medications, and ongoing treatment. More severe injuries with extensive treatment will result in higher claim values.
- Lost Wages: If your injuries prevent you from working, you can claim lost income. This includes past lost wages and any future lost earning capacity due to long-term or permanent injuries.
- Vehicle Damage: The cost to repair or replace your vehicle is a significant component. This includes damage to your car and any other property damaged in the accident.
- Pain and Suffering: This is a more subjective element that compensates you for the physical pain, emotional distress, and reduced quality of life caused by the accident. Factors like the severity of your injuries, the impact on your daily life, and any long-term effects are considered.
UM/UIM Policy Limits
Your UM/UIM policy has coverage limits, which are the maximum amounts the insurance company will pay for a claim. Even if your damages exceed these limits, you generally cannot recover more than the policy allows. It’s important to know your policy limits and consider purchasing higher coverage for better protection.
The At-Fault Driver’s Insurance (for UIM Claims)
In UIM claims, the at-fault driver has some insurance, but it’s not enough to cover your total damages. The amount you can recover from your UIM coverage is typically the difference between your total damages and the at-fault driver’s policy limits.
Negotiation and Legal Representation
Insurance companies often initially offer lower settlements than what a claim is actually worth. Having an experienced Upstate South Carolina personal injury attorney negotiate on your behalf can significantly impact the final settlement amount. An attorney can gather evidence, document your damages, and present a strong case to maximize your recovery.
Navigating the complexities of car accidents and insurance claims can be overwhelming, especially when dealing with uninsured or underinsured drivers. If you have been involved in a car accident in South Carolina, it is essential to seek legal guidance from an experienced attorney.
Contact Car Accident Lawyer Venus Poe Today
Attorney Venus Poe is a dedicated advocate for car accident victims in Greenville, South Carolina and surrounding areas. With years of experience and a deep understanding of South Carolina’s traffic laws and insurance regulations, Venus Poe can help you protect your rights and pursue the compensation you deserve.
Don’t face the aftermath of a car accident alone. Contact car accident attorney Venus Poe today for a consultation and take the first step towards securing your financial recovery.