What Happens If the Other Driver Doesn’t Have Insurance in South Carolina?

Being involved in a car accident is stressful enough. When you find out the other driver doesn’t have insurance—or leaves the scene—it can feel overwhelming. Unfortunately, uninsured and underinsured drivers are a reality on roads throughout Loris, Conway, Myrtle Beach, and across Horry County.

 

At Josephs Law Firm PA in Loris, South Carolina, our personal injury team regularly helps people who were hit by drivers with little or no insurance. The good news: even in these situations, you may still have several ways to recover compensation for medical bills, lost wages, and vehicle damage.

Immediate Steps to Take After a Crash With an Uninsured Driver

After any car wreck in South Carolina—whether it happens on Highway 9 near Loris, Highway 701 toward Conway, or a neighborhood street—the steps you take in the first few minutes and hours matter.

  1. Check for injuries and call 911.
    Your health comes first. Get emergency help for anyone who may be hurt and request law enforcement at the scene. A police report is especially important in uninsured and hit-and-run cases.

  2. Stay calm and gather information.
    If it’s safe to do so, collect:

    • The other driver’s name and contact information

    • License plate number and vehicle description

    • Photos of all vehicles, the crash scene, skid marks, and visible injuries

    • Names and contact information for any witnesses

  3. Avoid arguing about fault.
    Don’t apologize, guess about what happened, or argue with the other driver. Simply provide factual information to the officer. South Carolina uses an at-fault system, so the way the crash is documented can impact your claim. ( South Carolina Department of Insurance )

  4. Notify your insurance company quickly.
    Report the crash as soon as you can, even if you believe the other driver is completely at fault. Let your insurer know if the other driver has no coverage, not enough coverage, or left the scene.

Understanding Insurance Coverage in South Carolina

South Carolina law requires drivers to carry both liability insurance and uninsured motorist (UM) coverage, with minimum limits of:

That means your own policy likely includes uninsured motorist coverage, which is designed for exactly this situation—when the at-fault driver has no insurance or can’t be identified.

You may also have:

  • Underinsured motorist (UIM) coverage – Optional coverage that can help when the at-fault driver has insurance, but not enough to cover all your losses. ( Department of Insurance South Carolina )

  • Collision coverage – Can pay to repair or replace your vehicle regardless of who was at fault. ( Department of Insurance South Carolina )

  • Medical payments (MedPay) or personal injury protection (PIP) – May help pay medical bills for you and your passengers.

Because every policy is different, it’s important to have a knowledgeable car accident attorney review your coverage and identify every possible source of recovery.

How Uninsured Motorist (UM) Coverage Helps After a Wreck

If an uninsured driver causes your accident in Horry County, you may be able to make a UM claim under your own insurance policy. UM coverage can help with:

  • Emergency room and hospital bills

  • Follow-up medical visits and therapy

  • Lost wages if you can’t work

  • Pain and suffering and other losses (depending on the policy and facts)

Even though you’re dealing with “your” insurance company, UM claims are often treated like contested claims. Insurers may challenge fault, argue about how badly you were hurt, or try to settle for less than your case is worth. Having a local car accident lawyer in Loris, SC on your side can balance the scales and help you avoid costly mistakes. ( josephslaw.com )

Underinsured Drivers: When There’s Some Coverage, But Not Enough

Sometimes the other driver has insurance—but only the state minimums. In a serious crash, that may not come close to covering:

  • Surgeries or long-term treatment

  • Time away from work

  • Future medical care or disability

If you purchased underinsured motorist (UIM) coverage, you may be able to turn to your own policy after the at-fault driver’s limits are exhausted. UIM acts as a safety net when the other driver’s insurance simply isn’t enough. ( Department of Insurance South Carolina )

Legal Options: Suing an Uninsured Driver

In some cases, you may have the option to file a lawsuit directly against the uninsured driver for:

  • Medical expenses and future treatment

  • Lost income and loss of earning capacity

  • Pain and suffering

  • Property damage

However, many uninsured drivers lack the assets or income to actually pay a judgment. A skilled South Carolina personal injury attorney can help you evaluate whether pursuing the driver personally makes sense, or whether your focus should be on insurance coverage and other recovery options.

Hit-and-Run Crashes in South Carolina

If the at-fault driver hits you and then flees, South Carolina law generally treats that driver as uninsured for purposes of insurance claims. Your uninsured motorist coverage may apply, but you must:

Hit-and-run cases can be especially complicated. Evidence such as surveillance footage, nearby business cameras, or witness statements can make a big difference—another reason to contact an attorney quickly.

Why Talk to a Local Car Accident Lawyer in Loris, SC?

Dealing with an uninsured or underinsured driver can be confusing, especially when you’re also trying to heal from your injuries. Insurance companies—sometimes even your own—may pressure you to:

  • Give a recorded statement

  • Sign broad medical authorizations

  • Accept a quick settlement that doesn’t cover future needs

Josephs Law Firm PA has been helping injured people in Loris, Longs, Aynor, Green Sea, Conway, and throughout Horry County for decades. Our team understands:

  • How South Carolina’s uninsured motorist laws work

  • How to read your policy and identify all coverage

  • How to build a strong claim using medical records, crash reports, and expert opinions

We handle the insurance companies and paperwork so you can focus on getting better.

Take Action After a Crash With an Uninsured Driver

If you’ve been hit by an uninsured or underinsured driver in or around Loris, you don’t have to figure this out on your own. Steps you can take today include:

  • Getting medical care and following your doctor’s advice

  • Keeping all bills, receipts, and documentation in one place

  • Writing down what you remember about the crash while it’s still fresh

  • Speaking with a car accident lawyer in Loris, South Carolina before signing anything from an insurance company

Josephs Law Firm PA is here to answer your questions, review your insurance coverage, and explain your options after a South Carolina car accident with an uninsured driver. A conversation with an attorney can give you clarity—and a plan—for moving forward.