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Being involved in a hit-and-run accident or collision with an uninsured driver can leave you feeling helpless and uncertain about your options. When the at-fault driver flees the scene or lacks insurance coverage, many victims wonder how they will pay for medical bills, vehicle repairs, and lost wages. Fortunately, South Carolina law protects uninsured and underinsured motorist coverage, and our firm is here to help you navigate the claims process.
This guide explains what qualifies as a hit and run in South Carolina, the immediate steps you should take after an incident, and how to pursue compensation through your own insurance policy when the responsible party cannot be identified or held accountable.
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What Is a Hit and Run in South Carolina
A hit and run occurs when a driver involved in a collision leaves the scene without stopping to identify themselves or render aid. Under South Carolina Code § 56-5-1210, drivers involved in an accident resulting in injury, death, or property damage must stop at the scene, provide their name and contact information, and show their driver’s license and vehicle registration upon request.
Leaving the scene of an accident is a criminal offense in South Carolina. The penalties vary based on the severity of the collision:
- Property damage only: misdemeanor with fines up to $5,000 and possible jail time
- Personal injury: felony charges with potential prison sentences
- Fatalities: serious felony charges carrying significant prison time
For victims, a hit-and-run creates additional challenges beyond the physical and financial harm of the accident itself. When the at-fault driver cannot be located, pursuing compensation requires filing a claim with your own insurance company under uninsured motorist coverage.
Steps to Take Immediately After a Hit and Run
The actions you take in the minutes and hours following a hit and run can significantly impact your ability to recover compensation. Here is what you should do:
Call 911 immediately. Report the accident to law enforcement and request medical assistance if anyone is injured. A police report creates an official record of the incident and starts the investigation process.
Document the scene. If you are physically able, take photos of vehicle damage, the accident location, skid marks, debris, and any visible injuries. Note the time, weather conditions, and traffic patterns.
Gather witness information. Ask anyone who saw the collision for their name and contact details. Witness statements can help identify the fleeing driver or corroborate your account of what happened.
Write down what you remember. Record every detail you can recall about the other vehicle, including make, model, color, license plate number (even partial numbers), distinguishing features, and the direction the driver fled. Note the driver’s appearance if you saw them.
Check for surveillance cameras. Look for nearby businesses, traffic cameras, or residential security systems that may have captured the accident. Act quickly, as footage is often deleted after a short period.
Notify your insurance company. Contact your insurer as soon as possible to report the hit and run. Prompt notification is typically required under your policy terms.
Seek medical attention. Even if you feel fine, see a doctor within 24 hours. Some injuries do not show symptoms immediately, and medical records establish a link between the accident and your injuries.
Preserve evidence. Keep damaged clothing, take photos of developing bruises or injuries, and maintain all receipts for expenses related to the accident.
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Understanding Uninsured and Underinsured Motorist Coverage (UM and UIM)
South Carolina law requires all auto insurance policies to include uninsured motorist (UM) coverage unless the policyholder rejects it in writing. This coverage protects you when you are injured by a driver who lacks insurance or cannot be identified, such as in a hit-and-run.
Uninsured Motorist (UM) Coverage
UM coverage pays for your injuries and damages when:
- The at-fault driver has no liability insurance
- The at-fault driver cannot be identified (hit and run cases)
- The at-fault driver’s insurance company denies the claim or becomes insolvent
UM coverage typically matches your liability limits. For example, if you carry $100,000/$300,000 liability coverage, your UM coverage will generally be the same unless you selected lower limits.
Underinsured Motorist (UIM) Coverage
UIM coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to cover your full damages. For example, if the other driver has $25,000 in liability coverage but your medical bills alone total $75,000, your UIM coverage can help bridge the gap.
UIM coverage pays the difference between the at-fault driver’s policy limits and your total damages, up to your UIM policy limits.
What UM and UIM Coverage Pays For
Both UM and UIM policies can compensate you for:
- Medical expenses and ongoing treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Property damage (in some policies)
Stacking vs. Non-Stacking Coverage
South Carolina allows “stacking” of UM/UIM coverage if you insure multiple vehicles under the same policy. Stacking means you can add together the UM/UIM limits from each vehicle to increase the total available coverage. For example, if you have two vehicles, each with $50,000 in UM coverage, stacking allows you to access up to $100,000 in total UM benefits.
Non-stacking policies limit you to the UM/UIM coverage on the specific vehicle involved in the accident, regardless of how many vehicles you insure.
How to File an Uninsured Motorist Claim
Filing a UM claim involves working with your own insurance company rather than pursuing the at-fault driver’s insurer. While this may seem straightforward, insurance companies often scrutinize UM claims closely and may dispute liability or the value of your damages.
Review Your Policy
Before filing, locate your insurance policy and review the UM/UIM coverage section. Note your coverage limits, deductible amounts, and any requirements for reporting claims. Understanding your policy helps you know what to expect during the claims process.
Notify Your Insurer Promptly
Contact your insurance company as soon as possible after the accident. Most policies require notification within a specific timeframe, often 24 to 72 hours. Explain that you were involved in a hit and run or collision with an uninsured driver and that you intend to file a UM claim.
Cooperate with the Investigation
Your insurer will investigate the accident to verify your claim. This may include reviewing the police report, inspecting vehicle damage, interviewing witnesses, and examining medical records. Provide all requested documentation promptly and answer questions honestly.
Submit Documentation
Gather and submit evidence supporting your claim:
- Police report number and officer contact information
- Photos of the accident scene and vehicle damage
- Medical records and bills
- Proof of lost income
- Repair estimates or invoices
- Witness statements
Do Not Accept the First Offer
Insurance companies often make initial settlement offers that undervalue your claim. The first offer may not account for future medical expenses, ongoing pain, or the full impact of your injuries on your daily life. You are not required to accept the first offer, and you have the right to negotiate or involve an attorney.
Consider Legal Representation
If your insurer denies your claim, offers inadequate compensation, or delays processing, consulting with an attorney can help protect your rights. An attorney can handle negotiations, gather additional evidence, and, if necessary, file a lawsuit against your own insurance company to recover the full value of your UM/UIM policy.
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(843) 361-7549Evidence and Investigation in Hit and Run Cases
Building a strong UM claim after a hit-and-run requires thorough evidence collection and investigation. The more information you can provide about the incident, the stronger your position when dealing with your insurance company.
Police Investigation
Law enforcement will investigate the hit and run by canvassing the area for witnesses, checking traffic and surveillance cameras, and searching for the fleeing vehicle. Provide the investigating officer with every detail you remember, no matter how small. Follow up with the police department periodically to check on the investigation status and obtain a copy of the final report.
Surveillance Footage
Many hit-and-run cases are solved through surveillance video. Our firm can help identify potential camera sources and work to obtain footage before it is deleted. This includes:
- Traffic cameras managed by the Department of Transportation
- Business security cameras in parking lots, storefronts, and gas stations
- Residential doorbell cameras and security systems
- Dash cameras from other vehicles
Witness Testimony
Witnesses provide crucial independent accounts of the accident. Our team can interview witnesses, obtain written or recorded statements, and preserve their testimony for use in your claim or potential lawsuit.
Physical Evidence
Physical evidence from the scene can help identify the fleeing vehicle or establish the mechanics of the collision:
- Paint transfer or debris from the other vehicle
- Skid marks indicate speed and direction
- Vehicle damage patterns consistent with impact
- Blood or other biological evidence if the other driver was injured
Accident Reconstruction
In complex cases, accident reconstruction experts can analyze the evidence to determine how the collision occurred, the likely speed and direction of the vehicles, and whether the other driver violated traffic laws. This analysis strengthens your claim by providing a clear, scientific explanation of the accident.
Compensation Available in UM and UIM Claims
The compensation available through your UM or UIM coverage depends on your policy limits and the extent of your damages. South Carolina allows recovery for both economic and non-economic losses.
Economic Damages
Economic damages represent calculable financial losses:
- Past and future medical expenses, including surgery, hospitalization, physical therapy, medication, and assistive devices
- Lost wages from time missed at work due to injuries
- Reduced earning capacity if your injuries prevent you from returning to your previous occupation or working full-time
- Property damage, including vehicle repair or replacement costs
- Out-of-pocket expenses, such as transportation to medical appointments
Non-Economic Damages
Non-economic damages compensate for intangible losses:
- Physical pain and suffering from the injury and treatment
- Emotional distress, anxiety, and depression resulting from the accident
- Loss of enjoyment of life if your injuries prevent you from participating in activities you previously enjoyed
- Scarring, disfigurement, or permanent disability
Policy Limits Impact Your Recovery
Your total recovery cannot exceed your UM or UIM policy limits, regardless of the actual value of your damages. For example, if you have $50,000 in UM coverage and your damages total $150,000, the maximum you can recover from your UM policy is $50,000. This is why carrying adequate UM/UIM coverage is important.
Subrogation and Recovery from the At-Fault Driver
If law enforcement later identifies the hit-and-run driver, your insurance company may pursue subrogation to recover the money it paid on your UM claim. Additionally, you may be able to file a separate lawsuit against the at-fault driver to recover damages exceeding your UM policy limits. However, collecting on a judgment against an uninsured driver can be difficult if they lack assets.
When to Contact a Car Accident Attorney
While you can file a UM claim on your own, involving an attorney often leads to better outcomes, especially when dealing with insurance companies that may not have your interests as their priority.
Consider Contacting an Attorney If:
- Your insurance company denies your UM claim or disputes that you were hit by an uninsured driver
- The settlement offer is far below your actual medical expenses and other losses
- You suffered serious injuries requiring extensive treatment or resulting in permanent disability
- Your insurer is delaying the claims process or requesting excessive documentation
- You are unsure whether your damages exceed the at-fault driver’s insurance or your UM policy limits
- The accident involved complex liability issues or multiple vehicles
How an Attorney Can Help
Our firm assists hit-and-run and uninsured motorist victims by:
- Reviewing your insurance policy to identify all available coverage
- Gathering evidence, including surveillance footage and witness statements
- Documenting your injuries and calculating the full value of your claim
- Negotiating with your insurance company to pursue fair compensation
- Filing a lawsuit if your insurer refuses to honor your policy
- Coordinating with law enforcement to track down fleeing drivers
- Handling all communication and paperwork so you can focus on recovery
South Carolina Statutes of Limitation
South Carolina law generally requires personal injury claims to be filed within three years from the date of the accident. However, UM claims may have shorter deadlines based on your policy terms. Missing these deadlines can forfeit your right to compensation, so it is important to act promptly.
Hurt in an Accident? Hire Maguire
Hurt? You Need Our Help
Give us a call for a FREE & CONFIDENTIAL Case Review*
Contact Maguire Law Firm Today
If you were injured in a hit-and-run or collision with an uninsured driver in Myrtle Beach, our team is here to help. We can review your insurance coverage, investigate the accident, and fight to help you pursue the compensation you deserve. Contact us today to discuss your case.*
Post-Hit and Run Action Checklist
Use this checklist to guide your response after a hit-and-run accident:
Immediately After the Accident:
- Call 911 to report the hit and run
- Request medical assistance if injured
- Move to a safe location if possible
- Turn on hazard lights
At the Scene:
- Take photos of vehicle damage
- Photograph the accident location and the surrounding area
- Document road conditions, weather, and time of day
- Write down everything you remember about the other vehicle and driver
Gathering Information:
- Collect names and contact information from witnesses
- Identify nearby businesses or homes with security cameras
- Note the location of traffic cameras
- Obtain the police report number and the officer’s information
After Leaving the Scene:
- Seek medical attention within 24 hours
- Notify your insurance company
- Request a copy of the police report
- Keep all medical records and receipts
- Document your injuries with photos as they develop
- Maintain a journal of pain levels and limitations
Filing Your Claim:
- Review your auto insurance policy for UM/UIM coverage details
- Submit all required documentation to your insurer
- Keep copies of everything you send
- Follow up regularly on your claim status
- Consider consulting with an attorney if complications arise
* Disclaimer: Past results do not guarantee future outcomes. “Free consultation” or “Free Case Evaluation” refers only to the initial evaluation of your case and does not imply that legal representation is free. Clients may be responsible for costs in addition to the attorney’s fees. Percentage fees are calculated before deducting costs from the gross recovery. No comparison is intended or implied between Maguire Law Firm’s services and those of other lawyers. Testimonials and endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your case. Attorney Ian Maguire, Office: 1601 North Oak Street, Myrtle Beach, SC 29577.
Last updated Monday, January 19th, 2026
