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How Much Can I Get From an Underinsured Motorist Claim in South Carolina?

Navigating the aftermath of a car wreck can be daunting, especially if the other driver doesn’t have enough car insurance coverage. Optional underinsured motorist coverage helps protect you in this situation.

You may be wondering “How do uninsured and uninsured motorist coverage work in South Carolina” and “How much can I get from an underinsured motorist claim?” This guide will answer those questions and provide tips for maximizing your compensation.

If you have been in a car crash caused by someone else, call our Bluffton, SC car accident lawyers for a free consultation to understand your legal options.

Uninsured Motorist Coverage in South Carolina

All drivers must carry uninsured motorist coverage in South Carolina.

Uninsured motorist coverage (UM coverage) is a type of auto insurance designed to protect you if you’re in an accident with an uninsured driver. It also protects you if the at-fault driver isn’t identified, such as in a hit-and-run accident.

Uninsured motorist coverage covers a variety of expenses, including:

  • Bodily Injury: This includes medical bills, hospital stays, rehabilitation costs, and other medical expenses. It also covers lost wages if the injured party can’t work due to their injuries.
  • Property Damage: UM coverage also extends to property damage, covering the cost of repairing or replacing your vehicle or other personal property damaged in the accident.

South Carolina law requires drivers to carry uninsured motorists coverage equal to the minimum coverage limits for bodily injury liability and property damage liability insurance.

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 for property damage

These minimum limits are designed to provide a basic level of protection, but many drivers opt for higher limits to ensure they have enough coverage in the event of a serious accident. It’s crucial to discuss your needs with your insurance agent.

Uninsured Motorist Coverage Shown Using Text and Picture of Car

How Underinsured Motorist Coverage Works

Underinsured motorist coverage (UIM coverage) is another critical component of your auto insurance policy. It provides additional protection when the at-fault driver has liability insurance but not enough to cover the full extent of your damages.

Unlike uninsured motorist coverage, underinsured motorist coverage is not required by South Carolina law. However, it’s highly recommended that drivers purchase UIM coverage. Without it, you could be left paying out of pocket for expenses that exceed the at-fault driver’s liability coverage.

Underinsured motorist coverage is designed to bridge the gap between the at-fault driver’s liability coverage and the actual cost of your damages. It can cover:

  • Medical Expenses: UIM coverage pays for medical bills and related expenses if the at-fault driver’s insurance is insufficient.
  • Lost Wages: If you are unable to work due to your injuries, UIM coverage can compensate for your lost income.
  • Property Damage: This coverage can also help pay for repairs or replacement of your vehicle or other property damaged in the accident.
  • Pain and Suffering: In some cases, UIM coverage can compensate for non-economic damages, such as pain and suffering, although this will depend on your policy specifics and the extent of your coverage limits.

Auto insurers are typically required to offer UIM coverage in South Carolina, and drivers can choose if they want to purchase it. Policy limits will vary depending on your insurance company and how much coverage you choose to purchase.

Underinsured Motorist Coverage Concept Photo, Toy Car Under Umbrella

How Much I Can Get from an Underinsured Motorist Claim?

Several factors will influence the amount you can recover in an underinsured motorist claim. Understanding these factors can help you navigate the claims process more effectively and ensure you receive the compensation you deserve.

Policy Limits

One of the primary considerations in determining how much you can recover from an underinsured motorist claim is your policy limits. Each insurance policy will have a maximum amount it will pay out for a UIM claim.

If your damages exceed these limits, optional coverage like an umbrella policy can help bridge the gap.

Extent of Your Damages

The severity of your injuries and the extent of your damages will also play a significant role in determining your claim amount. Detailed documentation of all medical bills, lost wages, and property damage is essential in supporting your claim. The more comprehensive your records, the stronger your case will be when negotiating with your insurance carrier.

The At-Fault Driver’s Liability Insurance

The amount of the at-fault driver’s liability insurance is another critical factor. If the other driver has minimal liability coverage, your underinsured motorist coverage will need to cover the difference. However, if the other driver’s liability insurance is sufficient to cover your damages, your UIM coverage may not be needed.

Stacking vs. Non-Stacking Coverage

In South Carolina, you have the option to stack uninsured and underinsured motorist coverage. Stacking allows you to combine the coverage limits of multiple cars under your insurance policy, effectively increasing the total amount available to you in case of an accident involving an uninsured or underinsured driver.

Non-stacking coverage, on the other hand, limits your recovery to the single highest coverage limit on any one vehicle. Choosing between stacking and non-stacking coverage will depend on your individual needs and the specifics of your car insurance policy.

How to Maximize Your Claim

Maximizing your compensation involves taking several strategic steps immediately following the accident and throughout the claims process.

Steps to Take After an Accident

Always report an accident to the police. A police report is crucial when seeking compensation in an insurance claim or lawsuit.

Collect all relevant information from the other driver, including their name, contact information, and insurance details. Take photos of the accident scene, vehicle damage, and any visible injuries.

Even if you feel fine immediately after the accident, seek medical attention as soon as possible. You may not realize you’ve suffered severe injuries. Additionally, some injuries may not become apparent until days or weeks later. Medical records are vital evidence for your claim.

Notify your insurance company of the accident as soon as possible. Provide them with all the information you have gathered and follow their instructions for filing a claim.

Underinsured Motorist Claim, Insurance Agent Examining Damaged Car

Understand Your Policy and Document Your Losses

Familiarize yourself with the specifics of your car insurance policy, including your uninsured and underinsured motorist coverage limits, deductibles, and any exclusions that may apply. This will help you navigate the claims process more effectively.

Thorough documentation of your losses is essential in maximizing your financial recovery. Keep detailed records of all medical bills, lost wages, property damage, and any other expenses related to the accident. This documentation will serve as evidence in support of your claim and help ensure that you are fully compensated for your losses.

Talk to a Lawyer to Understand Your Options

After a car crash, you can seek compensation from the at-fault driver’s insurance carrier. If the at-fault driver is uninsured or underinsured, you can file a UM or UIM insurance claim with your own insurance company.

A personal injury attorney can help you understand your options. Contact our car accident lawyers at McDougall Law Firm offer a free case evaluation today.

Will Filing an Uninsured or Underinsured Motorist Claim Raise Your Rates?

One common concern among drivers is whether filing an uninsured or underinsured motorist claim will result in higher insurance premiums. Generally, filing these types of claims should not raise your rates, as they are considered no-fault claims.

However, it’s essential to discuss this with your insurance agent to understand the specific terms of your auto insurance policy and any potential impact on your insurance premiums.

Contact Our Bluffton Car Accident Lawyers for a Free Case Review

Drivers must have uninsured motorist coverage in South Carolina. While UM coverage helps pay for an accident if the driver is uninsured, underinsured motorist coverage protects you if the other driver doesn’t have enough insurance to cover your losses.

By being proactive and informed about your auto insurance coverage, you can ensure that you have adequate insurance in the event of an accident, regardless of the other driver’s insurance status. Don’t leave your financial security to chance – review your policy, understand your coverage, and take the necessary steps to protect yourself and your loved ones.

A South Carolina personal injury attorney can help you understand your options after a car wreck. For a free consultation, contact McDougall Law Firm today.

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