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Hit-and-Run Accidents in South Carolina: What You Need to Know

Motor Vehicle Law & Statistics ,

I would imagine lawlessness abounds greatly in every state but lately it seems so many people are driving without any automobile insurance and/or not even stopping after being involved in a collision if they are able to drive away.

South Carolina law is clear on the requirements a driver involved in a hit-and-run must meet in order to pursue their own “uninsured” insurance coverage.  S.C. Code 38-77-170 copied below states:

SECTION 38-77-170. Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.

If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless:

(1) the insured or someone in his behalf has reported the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence;

(2) the injury or damage was caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle; provided however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit;

(3) the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident. (emphasis added).

Some people will try and manipulate the system so there have to be checks and balances to ensure some validity to what is being offered. Otherwise in rural areas of South Carolina every accident “avoiding a deer” would be claimed as a hit and run. Too bad the deer don’t carry insurance or have assets.

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Bad Economy Leads More Drivers to Drop Insurance

Automobile Insurance , , , , , ,

M.P. McQueen of “The Wall Street Journal” reports that:

More drivers are letting their car insurance lapse because of the sour economy, putting themselves and others at risk……..

Ms. McQueen quoted Robert Hartwig, president of the Insurance Information Institute, as saying:

“A good proportion of people on the road are either uninsured or underinsured, and so you have to protect yourself… “

“Your odds of being in an accident with an uninsured driver are substantial.”

As I reported in my “Full Coverage”  article:

Minimum insurance limits in the South Carolina are mandated by S.C. Code Ann. § 38-77-140 and at the present time are 25,000/50,000/25,000. Likewise, UM, or uninsured coverage is mandatory but you should carry higher than the minimum limits.

Insurance coverages that protect you when someone is uninsured, underinsured, or is covered with Allstate are below: (insurance companies don’t want you to know about them because it costs them money in the long run):

  1. UIM–In accordance with C. Code Ann. § 38-77–160, this is optional coverage you can purchase in the event that damages are sustained in excess of the liability limits carried by an at-fault insured (driver) or underinsured motorist. Remember minimum coverage is $25,000.00 per one person.
  2. UM–This is uninsured coverage and essentially your insurance company will defend the at fault person against you. HUH? Read it again. That’s right! You’re own insurance company defends the uninsured person against you. Why? Insurance companies don’t make money paying you money, that includes your insurance company. Call and ask them if you think I am being untruthful.
  3. PIP/MEDPAY– This is the greatest insurance ever. If you do not have it, you’re an idiot. It’s cheap, too.

GAP Coverage-Gap insurance covers the difference between what the insurance company says your car is worth versus what’s left on your car loan, or note.