Hit and Run and Uninsured Motorist Claims in Myrtle Beach!

What is a Hit and run in South Carolina?

In South Carolina, a “Hit and run” is a car crash where the person who crashed the car does not stop after the crash. They leave the area without giving their name, address, or showing identification to anyone involved. The general rule for South Carolina motorists who are involved in a crash that results in bodily harm, death, or damage to a vehicle being occupied is that they must stop and follow the requirements of §§56-5-1210 through 56-5-1230 as it pertains to providing information and assistance. You must provide your name, home address, and vehicle registration numbers. If asked and you have one, you also must produce your driver’s license.

Leaving the scene of a wreck is illegal in South Carolina and will result in different levels of punishment depending on how bad the wreck was.

The penalties vary based on the severity of the collision: 

• For a property-damage-only crash: A crash involving an unattended vehicle, leaving the scene is a misdemeanor punishable by up to one year in jail, a 100–5,000 fine, or both.
• Leaving an injury crash is a misdemeanor when the injury is not a great bodily injury; leaving a crash involving great bodily injury is a felony.
• Fatal accident Serious felony charges. Long jail/prison time. Victims of hit-and-runs face even greater difficulties than they would have had from the physical and monetary losses from the initial auto accident. When the responsible driver is unidentified, UM coverage may provide a source of recovery if South Carolina’s statutory hit-and-run requirements are satisfied.

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Steps to Take Urgently After a Hit and Run

Prompt action can help preserve evidence and satisfy applicable police-reporting, insurance, and claim requirements. Here are the necessary steps you should take:

1. Promptly report the hit-and-run to the appropriate law-enforcement agency: Injury or death crashes must be reported immediately under South Carolina law. Provide the officer with as much information about the accident as possible. Also, ask the police officer if someone at the scene needs to be medically treated. This will create a public record of the accident. It also begins the investigative process.
2. Document the accident scene. If you were uninjured enough to move around safely, photograph everything you could. Take photographs of both vehicles involved. Photograph the area where the accident occurred. Photograph any skid marks. Photograph any debris left behind. Photograph any obvious injuries. Document the date and time when you took the photographs. Document the weather. Document the traffic conditions.
3. Get information from any witnesses: Talk to everyone who witnessed the crash and find out their names. Find out how they can be contacted. Witness accounts may be able to assist in identifying the other motorist involved in the hit-and-run accident or confirm your description of events surrounding the accident.
4. Write down everything about the other vehicle: Write down everything you remember about the other motorist’s vehicle. That includes its make, model, year, color, license plate number (write down even just a portion of it). Write down anything else that makes this vehicle unique. Write down what direction you believe the other motorist went after leaving the scene.
5. Check for surveillance cameras: Look for video cameras that were located near the accident site. That would include cameras that are part of commercial security systems, traffic cameras operated by government agencies and private companies, and/or residential security systems. Identify potential surveillance footage promptly because recordings may be overwritten or deleted under the camera owner’s retention practices.
6. Notify your insurance company: As soon as possible, notify your insurance company that you have had a hit-and-run accident. Notify your insurer promptly and review your policy’s notice requirements; separate statutory reporting rules also apply to unidentified-driver UM claims.
7. Seek medical attention: Seek medical attention promptly when appropriate, particularly if you are injured or develop symptoms. Some injuries do not manifest themselves until days or weeks after the injury occurs. Contemporaneous medical records can help support evidence of causation and damages, although recovery depends on all of the evidence and applicable coverage.
8. Preserve evidence: Save any clothing that was damaged during the accident. Document your bruises and other injuries through photographs. Document each receipt for any money spent due to the accident.

Related Article(s)

How to Obtain a Myrtle Beach Police Accident Report

Understanding Uninsured and Underinsured Motorist Coverage (UM and UIM)

Insurance companies can provide an amount of uninsured motorist (UM) coverage required by the state of South Carolina for automobiles, as well as other types of insurance which may be purchased in addition to this basic insurance (optional). UM claims involving a hit-and-run are treated under Maguire Law Firm with specific time-sensitive and legally defined steps that must occur to establish that the unknown vehicle is responsible for your injury in a car accident.

Coverage Under Uninsured Motorist (UM) Policies

In general, UM policies pay out for losses sustained as a result of physical injury or property loss due to:

• A vehicle being operated by another driver who does not possess liability insurance.
• A vehicle being driven by another driver who is unknown (i.e., hit and run).
• A vehicle may qualify as uninsured if applicable liability coverage is successfully denied or the liability insurer becomes insolvent or otherwise unable to respond as provided by statute.

South Carolina requires minimum UM coverage, and insurers must offer optional additional UM coverage up to your liability limits; your actual UM limits depend on the coverage purchased.

Coverage Under Underinsured Motorist (UIM) Policies

UIM coverage provides additional coverage when the at-fault driver possesses sufficient liability insurance to cover some portion of your damages; however, the driver’s policy limits do not contain enough money to fully compensate for your damages. If your proven damages exceed the at-fault driver’s liability limits, purchased UIM coverage may provide additional recovery up to the applicable UIM limits.

UIM may provide additional payment when proven damages exceed the at-fault driver’s liability limits, subject to your UIM limits and South Carolina law. If your proven damages exceed the at-fault driver’s liability limits, purchased UIM coverage may provide additional recovery up to its applicable limits.

Damages Covered By Both UM and UIM Policies

Both UM and UIM policies can compensate you for:

• Both types of coverage can provide compensation for a variety of economic and non-economic losses including:
• Medical Expenses and Ongoing Treatment Costs;
• Loss Of Income And Reduced Earning Capacity;
• Physical Pain And Suffering;
• Emotional Distress And Anxiety;
• Scarring And Disfigurement; and/or
• Property Damage (as defined within the terms of your respective UM/UIM policy).

Stacking vs. Non-Stacking Coverage Options

South Carolina will allow you to stack in certain Uninsured/Underinsured Motorist (UM/UIM) cases (for example, when you are eligible as a Class I insured); however, the vehicle(s), your insurance policy(ies), coverage you purchase, and 38-77-160 will all have an impact on whether or not you qualify. Stacking allows you to combine UM/UIM limits across all of your automobiles to achieve increased overall UM/UIM benefit options. An individual who qualifies as an insured may also qualify to add together amounts of UIM/UM coverage available through more than one vehicle, but the availability of additional funds beyond the limits established by South Carolina law and each policy will still be subject to its own respective laws and other requirements.

Whether stacking is allowed depends on South Carolina statute, insured status, and policy terms; a policy provision cannot eliminate stacking rights that §38-77-160 requires.

Filing a Claim after being hit by an uninsured driver

You are responsible for filing a UM (uninsured Motorist) Claim directly with your Insurance company, not the other party’s Insurance company. UM insurers may investigate liability, damages, coverage, and compliance with applicable policy and statutory requirements. A UM insurer may investigate liability, damages, coverage, and compliance with applicable policy and statutory requirements.

Read your Insurance contract.

Before initiating the claims process, read your contract carefully to understand how your UM/UIM coverage works. Specifically note: 

Your coverage limits:

• Your coverage limits
• Any deductibles
• Any conditions under which you must notify your Insurance company of a loss

Understanding how your UM/UIM coverage works will enable you to better navigate the claims process.

Tell your Insurance company right away

As soon as possible after the accident, call your Insurance company. Notify your insurer promptly and review your policy for applicable notice requirements; South Carolina also requires timely police reporting for unidentified-driver UM claims. When speaking with your Insurance representative, explain that there was either no other car at fault in a hit-and-run situation, or that there was another car but it had no valid Insurance to cover the losses resulting from the collision.

Participate in your Insurance company’s investigation.

Your Insurance company will conduct its own investigation into the circumstances of the accident to determine whether your UM claim is valid. In conducting their investigation, they will typically:

Gather and submit evidence supporting your claim-

• Review the Police report(s)
• Examine any physical damage to vehicles
• Interview any available witnesses to the accident
• Collect and examine relevant medical records
• Gather copies of all of your medical bills, etc related to the accident and repair estimates, proof of lost wages
• Be prepared to provide all requested documentation in a timely manner, and be truthful when answering questions.
• Witness Statements

Don’t take “first” offers.

An initial settlement offer should be evaluated in light of documented damages, future losses, policy limits, and applicable coverage before it is accepted. An initial settlement offer should be evaluated carefully to determine whether it adequately accounts for documented injuries, future losses, and available coverage. There is no obligation on you to accept the “first” offer made by your Insurance company. An attorney can evaluate coverage, negotiate disputed claims, and pursue litigation when legally appropriate, but recovery depends on the evidence, policy, and applicable law.

Focus on Legal Representation

Legal representation may be helpful in resolving disputes with your insurer.

If you are denied payment by your insurance company, do not receive sufficient money from your settlement, or have difficulty getting the processing done on time, legal assistance will assist in protecting your rights. An attorney can negotiate disputed UM/UIM claims and, when legally appropriate, pursue litigation seeking benefits supported by the policy, evidence, and South Carolina law.

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Evidence and Investigation in Hit and Run Cases

A solid case for an uninsured motorist (UM) claim after a hit-and-run involves collecting sufficient amounts of evidence and conducting a comprehensive investigation into the accident. Collecting as much information about the accident as possible will support your position better while interacting with your insurance company.

Investigation into Hit-And-Run Incidents by Law Enforcement

The police department typically conducts investigations regarding incidents where someone flees the scene of an automobile accident. To complete its investigation, the police may canvass the neighborhood for witness statements, review all available traffic and surveillance footage in the area, and search for the vehicle that fled. Provide the police investigator with every piece of detail you can recall about what happened during the accident. It would also be wise to contact law enforcement from time to time to find out the current status of the investigation and to request a copy of the final investigative report.

Evidence from Surveillance Cameras

Video footage from surveillance cameras has been instrumental in resolving many hit-and-run cases. We can assist our clients in identifying possible areas where there are cameras and obtaining video footage prior to it being deleted.

Video footage can include:

• Traffic cameras operated by the Department of Transportation.
• Security cameras at businesses which have parking lot entrances, storefront locations, service station locations, etc.
• Doorbell cameras and home security systems located at residential addresses.
• Dash-mounted cameras located inside of vehicles driven by passengers or drivers who were involved in the accident.

Independent Witness Statements

Witnesses to an automobile accident often provide the only credible account of the events leading up to and occurring during the crash. In addition to interviewing witnesses, we can obtain written or taped statements from them. This will enable us to protect their statements to ensure they are preserved for use in your claim or subsequent litigation.

Physical Evidence

There are several types of physical evidence that may exist at the scene of a hit-and-run automobile accident, including:

• Paint transfers or debris from another vehicle involved in the collision
• Skid marks left on the roadway that can help to determine both speed and direction
• Patterns of damage on each vehicle that are consistent with one or more collisions
• Blood or other biological evidence existing at the scene if one or more of the drivers/occupants were injured

Reconstruction of Accident Events

In some cases, a skilled accident reconstruction expert may be able to evaluate the physical evidence collected at the scene and reconstruct how the collision(s) occurred, as well as estimate the approximate speed and/or directions in which the vehicles involved traveled. Additionally, these experts may be able to determine if any of the parties involved violated traffic laws.

Compensation Available Under UM & UIM Claims

UM/UIM recovery is based upon a claimant’s legal entitlement to compensation for their loss as determined by their actual liability and the causal connection (i.e., cause-in-fact) that connects such injury/damage with an uninsured/underinsured motorist; proof of such losses; the limits of insurance purchased to cover such a loss; and all other relevant laws/statutes/policy provisions. Once it has been established that there was liability, causation, and sufficient insurance coverage available to pay damages, the claimant can seek payment of their proven economic and non-economic damages.

Economic Damages

Economic losses include those types of personal injury claims which have a determinate value. Examples of economic losses include:

• Past and future medical expenses. These would include, but are not limited to, the cost of all surgeries, hospitalizations, physical therapy, medications, and any other treatments prescribed by physicians
• Lost income from lost wages while unable to perform duties as a result of the injuries sustained
• Reduced earning ability if injuries sustained will prohibit plaintiff from returning to her former position of employment or to performing duties on a full-time basis
• Property damage, which would include but not be limited to, the repair or replacement of vehicles damaged during the accident
• Out-of-pocket expenses incurred in obtaining medical care and treatment for injuries sustained as a result of defendant’s negligence. Examples of these out-of-pocket expenses would include, but not be limited to, travel costs to obtain medical treatment.

Non-Economic Losses

Non-economic losses refer to personal injury claims where there is no specific dollar amount assigned to the harm caused to the individual. Examples of non-economic losses would include:

• The physical pain and suffering experienced as a direct result of the injury sustained and the treatment required to treat the injury
• Emotional distress (anxiety and/or depression) caused by the trauma suffered as a result of defendant’s negligent conduct
• The loss of enjoyment of life experienced by plaintiffs because their injuries prevent them from engaging in those activities they enjoyed prior to the accident
• Scars, disfigurement, or permanent disabilities resulting from the accident

Limitations of Policy Coverage

Recovery from a particular UM or UIM coverage is limited by its applicable limits, although other legally available sources of recovery may exist. Regardless of the true value of plaintiff’s claim, plaintiff can only collect up to the coverage limit(s) for his or her UM or UIM claim. An example illustrating this limitation would be as follows: If only one $50,000 UM limit applies, the insurer generally cannot pay more than that limit under that coverage; additional or stackable coverage may change the total available.  Therefore, it is essential for each person who owns an automobile to purchase sufficient UM/UIM coverage to protect him/her in the event that they suffer damages as a result of another party’s negligent conduct and do not receive fair compensation through their UM or UIM coverage.

Subrogation And Collecting On A Judgment Against The Uninsured Defendant

When law enforcement identifies the hit-and-run driver responsible for the collision with plaintiff, the insurance carrier providing UM coverage to plaintiff may seek subrogation to recoup monies paid to plaintiff on account of his UM claim. An injured person may pursue the responsible uninsured driver directly, subject to applicable defenses and collectability, while the UM insurer may have subrogation rights for amounts it pays.  However, collecting on a judgment against an uninsured defendant is often very difficult when the defendant lacks assets.

When to contact a Car Accident attorney

An attorney can help evaluate coverage, evidence, damages, and disputed UM/UIM issues, but results depend on the circumstances of the individual claim.

Consider hiring an attorney if:

• Your insurance company has denied your UM claim or claims that you were struck by an uninsured driver.
• The amount offered to settle is significantly less than what you have incurred in medical costs and/or other losses.
• You have suffered significant injuries which require extended medical treatment and/or result in permanent disability.
• Your insurer is taking longer than expected to process your claim and/or requests additional documentation that you consider unreasonable.
• You are uncertain as to whether your damages exceed the at-fault driver’s liability insurance limits or your UM policy limits.
• The Accident was complicated due to multiple parties’ liability.

How an Attorney can assist you

Our attorneys assist clients who have been injured in accidents caused by either an uninsured motorist or a hit-and-run driver by:

• Reviewing your insurance policy to identify potentially applicable UM/UIM coverage and limits.
• Gathering evidence, such as video surveillance and witness statements, to support your claim
• Documenting the extent of your injuries and evaluating the potential value of your claim based on the evidence, coverage, and applicable law.
• Communicating with your insurance carrier to seek reasonable compensation for your losses
• Suing your insurance carrier should they refuse to honor your UM policy obligations
• Assisting you in locating the individual(s) responsible for the Accident, should they flee.
• Providing you with legal representation throughout the entire claims process, allowing you to focus on your health and rehabilitation

South Carolina Statutes of Limitation

South Carolina personal-injury actions are generally subject to a three-year discovery-based limitations period, but governmental and other special claims can have different deadlines. UM claims can involve separate notice, police-reporting, and service requirements, so review the policy and applicable statutes promptly; those requirements should not be described as a universally shorter statute of limitations. Therefore, missing these statutes of Limitation could prevent you from being able to recover for any potential losses. It is essential to act quickly.

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Contact Maguire Law Firm today

If you have been injured in a hit-and-run or a collision with an uninsured driver in Myrtle Beach, sc, our staff is here to help. We can review your coverage, gather relevant evidence, and pursue compensation supported by the facts, applicable insurance, and South Carolina law. Please feel free to call us today regarding your case!

Post-hit-and-run action Checklist

This Checklist should be used as a guideline to help you respond to a hit-and-run crash:

After the Crash:

• Call 911 immediately to report the hit-and-run
• If injured, ask for medical attention at the scene
• Find a safe distance from traffic if needed
• Turn on your Emergency Flasher/Hazard Lights

At The Scene Of The Crash:

• Take photos of the damage to both vehicles
• Take photos of where the crash happened and its surroundings
• Take photos of the road condition, time of day, and any bad weather that could affect the investigation.
• Write down any information about the other vehicle (license plate number), driver’s description, and anything else that you can remember.

Gathering Information After Leaving the Scene:

• Get witness names and contacts.
• Check to see if there are any local businesses or stores with security cameras that may have caught part of the incident.
• Locate any traffic cameras that may have caught the incident.
• Note the police report number and get the officer’s name and contact information.

Getting Medical Treatment After Leaving The Scene:

• Get medical treatment as quickly as possible after the accident.
• Tell your auto-insurance company as soon as possible that you were involved in a car accident.
• Obtain a copy of the police report from the investigating agency.
• Save all of your medical records and bills/receipts related to your injury.
• Document your injury through photos as it develops over time.
• Keep a journal of how much pain/discomfort you feel and/or any physical limitations you develop due to your injury from the accident.

Processing Your Claim:

• Read your automobile insurance policy carefully to find out what type of Uninsured Motorist Coverage (UM)/Underinsured Motorist Coverage (UIM) you have
• Send in all of the paperwork that your automobile insurance company requests
• Save a copy of each piece of paper sent to your automobile insurance company
• Follow up with your automobile insurance company regularly to keep track of your claim
• If you run into any problems, consult with an attorney

* 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.