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Uninsured/Underinsured Drivers and Car Accidents

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Motorists in South Carolina, as in most states, are required to have insurance that meets specific minimum coverage requirements. Another South Carolina law requires certain motorists, who meet strict requirements, to register as uninsured motorists. Between registered uninsured drivers and those who have not registered as such, the estimated number of uninsured drivers in South Carolina to 10%.

Uninsured/Underinsured Motorist Coverage

South Carolina is not a “no-fault,” state. This means that you are not required to have uninsured (UM) and underinsured motorists (UIM) coverage. You have the option to decline insurance that covers UMs or UIMs. Alternatively, you are eligible to purchase UM and UIM insurance coverage up to the amounts you have covered on your existing policy for an additional premium.

If you decline UM and UIM insurance, your policy will not cover injury or damages to you, your passengers, or your property if another driver is at fault. This leaves you vulnerable if you are in an accident with either an uninsured and underinsured motorist.

Degree of Risk

When you add all the drivers who are insured at the minimum coverage allowed by law to the 10% of drivers who are uninsured, there are even more drivers on the road whose coverage may not be sufficient to compensate you for your damages. Their minimum coverage policies will pay for your injuries and damages only up to the limits of their coverage. You will have to either sue to recover your costs that exceed that amount or pay for them yourself.

Out of Pocket

Until you receive compensation, you will be expected to pay the remaining costs up front, since they usually have to be paid before a settlement is reached. These costs may include unpaid vehicle repairs or replacement, extensive medical care, loss of wages, lost property, and possibly your attorney costs. If the underinsured driver has few or no assets, your chances of recovering all of your losses are not good.

Alternatives

While there are a few potential sources of compensation when the at-fault driver is underinsured or has no insurance at all, these options can take months or sometimes even years to pursue. Having sufficient insurance is always the better, more certain choice.

Purchasing UM and UIM insurance is a good way to make sure you are covered for medical care or property loss if you are in an accident that isn’t your fault.

If you have been involved in an accident with an uninsured or underinsured motorist, please visit the website of McWhirter, Bellinger & Associates, P.A. for more information.

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