What Happens If You Have No Insurance but the Other Driver Was at Fault?
Driving without valid insurance is a serious offense in South Carolina, with a motorist being penalized under the law. It is important not to let your insurance lapse, especially since you will most likely be fined if you are in an accident. Since South Carolina is an at-fault state when it comes to car accident claims, if you are in an accident with another motorist who is at fault, you can still file a claim through the other driver’s insurance company.
If you or a loved one have been in a car accident in South Carolina, our Charleston car accident lawyers are here to help you recover just compensation.
South Carolina is an At-Fault State
The Palmetto State requires you to file a car accident claim with the at-fault driver’s insurance provider, which is known as a third-party claim. So, the amount that you will be paid for your bodily injury and property damage claims depends on the other driver’s liability limits.
If you drive in South Carolina, the following minimum liability limits apply:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident
If you are in an accident with an at-fault motorist who is carrying these minimum insurance limits, this is the most that insurance will pay out on your claim. If your injuries or vehicle damage were more severe, you may need to consider suing the other driver to obtain compensation.
Damages in a Car Accident Lawsuit
If you experience more severe injuries than the at-fault driver’s insurance coverage, you may need to file a personal injury lawsuit against the driver. This will allow you to be compensated for both your economic and noneconomic damages.
Economic damages are those losses that impact your finances. These may pertain to any of the following:
- Lost wages
- Ambulatory services
- Emergency room visit
- Laboratory testing and medical imaging
- Prescription costs
- Vehicle repairs
Conversely, noneconomic damages are any losses that impact your emotional well-being but are not easily quantifiable. These may pertain to the following:
- Pain and suffering
- Mental anguish
- Loss of companionship and society
- Disfigurement and scarring
- Loss of consortium
- Negligent infliction of emotional distress (NIED)
What Penalties Will I Face for Driving Uninsured?
When you process an accident claim, you will likely face penalties for driving without insurance. The South Carolina Department of Motor Vehicles (SCDMV) will fine you a $600 uninsured motorist fee. Your license and registration will be suspended until this is paid and you can show proof of insurance.
Should I Obtain Legal Counsel if I Am in an Accident and Uninsured?
If you are in a collision in South Carolina, even if you are not at fault, a Charleston car accident lawyer can help you recover maximum compensation. Although being uninsured does not bar you from recovery, it can add a level of complexity to your claim. In working with an attorney, you will ensure that your claim is handled efficiently and accurately.
Speak with our Charleston Car Accident Lawyer Today
Everyone deserves to have the financial resources they need to tend to their injuries and overall well-being. If you have fallen victim to a collision, effective representation will increase the likelihood that you recover the entirety of damages owed to you.
At John Price Law Firm, LLC, we understand the extent to which your injuries impede your ability to live a normal life. To learn how our Charleston car accident lawyer can assist you, contact us online or by phone to schedule your consultation.