Our David W. Martin Accident & Injury Lawyers fully understand that getting into an auto accident with an uninsured or hit-and-run driver is a frustrating and stressful experience. In South Carolina, however, you have a potential safety net: uninsured motorist (UM) coverage, which state law requires. This coverage protects you when the at-fault driver has no insurance or has fled the crash scene.
While filing a claim against your insurance provider may seem straightforward, it can be more complex than expected. Here’s what you need to know about the process and how our South Carolina personal injury attorneys can help.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is a part of your auto insurance policy that compensates when the driver at fault in an accident doesn’t have insurance. In South Carolina, every driver is required to carry a minimum of $25,000 per person, $50,000 per accident, and $25,000 for all property damage in one accident (25/50/25) in uninsured motorist coverage. This ensures financial protection if you’re injured in an accident with an uninsured or hit-and-run driver, covering medical bills, lost wages, and other damages.
What to Expect When Filing an Uninsured Motorist Claim in South Carolina
When you file a UM claim with your insurance company, you might assume the process will be simpler than dealing with another driver’s insurer. However, it can be just as challenging as your insurance company is motivated to minimize payouts, even to its policyholders.
Here’s what to expect during the process:
Notify Your Insurance Company Promptly
After the accident, notify your insurance company about your intention to file a UM claim as soon as possible. Failing to do so within a reasonable timeframe can jeopardize your claim.
Be cautious when providing details, as any inconsistencies in your statements can be used to challenge your claim later.
Gather Supporting Evidence
Like any personal injury claim, you must provide evidence to support your UM claim. The insurance company is simply not going to take your word for what happened and write a blank check.
This includes:
- Police report:The report can confirm that the other driver was uninsured and document the accident details.
- Photos and videos:Images of the accident scene, vehicle damage, and injuries can support your claim.
- Witness statements:Testimonies from witnesses can help corroborate your account of the accident and clarify fault.
- Medical records: These are essential to demonstrate the extent of your injuries and related treatment costs.
Dealing with Insurance Adjusters
After you file your claim, an insurance adjuster will be assigned to investigate the accident. While they are responsible for evaluating your claim, they also represent the insurance company’s interests, which often means trying to reduce the payout.
Adjusters may request recorded statements, medical releases, or additional documentation. Be careful with what you say and sign, as it can be used against you to lower or deny your claim.
Assessing Your Damages
Your claim should include all accident-related damages covered under UM insurance.
This includes:
- Medical expenses:Current and future medical bills related to your injuries.
- Lost wages:Income lost due to time off work for recovery.
- Pain and suffering:Compensation for physical pain, emotional distress, and decreased quality of life.
Accurately calculating these damages can be challenging, especially when considering future costs or non-economic damages.
Handling Disputes Over Your Claim
Unfortunately, disputes over uninsured motorist claims are common.
The insurer may argue that:
- Your injuries are not as severe as claimed.
- The treatment was excessive or unrelated to the accident.
- You share responsibility for the accident.
They may also offer a low settlement to close the claim quickly, hoping you will accept less than you deserve.
How Our South Carolina Auto Accident and Injury Attorneys Can Help
Filing an uninsured motorist claim against your insurance company can be as challenging as pursuing a claim against another driver’s insurer.
Here’s how our experienced personal injury attorneys can help you navigate the process and maximize your recovery:
Evaluating Your Claim
Our attorneys will thoroughly review your case, including police reports, medical records, and other evidence, to ensure all damages are accounted for. We will help calculate the full extent of your losses, including future medical needs and pain and suffering.
Handling Communication with Your Insurer
We understand the tactics insurance companies use to minimize payouts. By managing all communication with the insurer, we can protect your rights, prevent you from saying something that could harm your claim, and advocate for the settlement you deserve.
Negotiating Fair Settlements
Our attorneys have extensive experience negotiating with insurance companies. We will push back against low settlement offers, using compelling evidence to demonstrate the severity of your injuries and the extent of your damages.
Uninsured motorist claims involve complex insurance laws, and our attorneys understand how to navigate these laws to benefit your case. We know how to address issues related to policy limits, comparative negligence, and other factors that can impact your settlement.
If the insurance company refuses to offer a fair settlement, we will take your case to court. Our attorneys will build a strong case, present expert testimony if needed, and fight for your deserved compensation.
Why You Need Legal Representation for UM Claims
While hiring an attorney for a claim against your insurance company may seem unnecessary, having legal representation is often crucial to securing a fair outcome. Insurance companies, even yours, are driven by profit and will use various tactics to reduce liability. Partnering with an experienced personal injury attorney can significantly improve your chances of a successful claim by providing guidance, handling disputes, and protecting your rights.
Contact Our David W. Martin Accident & Injury Lawyers Today
Contact us today at 803-258-6199 to learn more. We provide free consultations for all South Carolina personal injury cases and never charge legal fees unless we deliver a positive outcome for your unique case.