Being involved in a car accident is stressful enough, but when the at-fault driver has no insurance, the situation becomes even more complicated. A Charleston uninsured motorist accident lawyer can help you navigate this challenging scenario while ensuring you understand your rights and options for recovering compensation.
With the guidance of an experienced attorney from Shelly Leeke Law Firm, you can pursue the justice and financial recovery you need to move forward. Uninsured motorist accidents often overwhelm victims with medical bills, property damage, and lost wages.
Having a knowledgeable Charleston car accident lawyer by your side can make all the difference. For over ten years, Shelly Leeke Law Firm has been dedicated to advocating for accident victims and helping them secure the compensation they deserve.
What is an Uninsured Motorist Accident?
An uninsured motorist accident occurs when a driver responsible for causing a collision does not have the legally required auto insurance coverage. While South Carolina mandates that all drivers carry liability insurance, some fail to meet this obligation. This leaves victims in a precarious position, often wondering how they will recover damages for their injuries and losses. That is where an experienced Charleston personal injury lawyer can make a difference.
According to the South Carolina Department of Insurance (SC DOI), uninsured motorist (UM) coverage is mandatory for all drivers. This type of insurance protects you when the at-fault party lacks insurance; however, navigating the claims process can be complicated even with UM coverage.
Why You need a Charleston Uninsured Motorist Accident Lawyer
Uninsured motorist accidents introduce unique challenges. Insurance companies may dispute the extent of your injuries or attempt to minimize the value of your claim.
A skilled Charleston uninsured motorist accident attorney from Shelly Leeke Law Firm can explain what to do if you were hit by an uninsured motorist and will:
- Evaluate your insurance coverage: We will thoroughly review your auto insurance policy to identify all available coverage, including uninsured motorist benefits.
- Gather crucial evidence: Proving liability in an uninsured motorist accident often requires detailed evidence, including police reports, witness statements, and accident reconstruction.
- Negotiate with your insurance company: Even your own insurance provider may not have your best interests in mind. We will advocate for fair compensation on your behalf.
- Represent you in court: If we cannot reach a fair settlement, we are prepared to take your case to trial.
South Carolina’s Insurance Laws and UM Coverage
South Carolina law requires drivers to carry minimum liability auto insurance coverage of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage.
Additionally, the law mandates that all drivers carry UM coverage equal to these minimum liability limits, meaning that even if the at-fault driver has no insurance, your UM coverage can step in to cover your damages up to the policy limit. South Carolina allows for stacking, which means you may combine UM coverage from multiple vehicles on the same policy to increase the total amount available.
Steps to Take After an Uninsured Motorist Accident
The actions you take immediately following an accident can significantly impact your ability to recover compensation. Your actions are especially important if the at-fault driver is uninsured. Here are the steps you should follow:
- Call the police: Always report the accident to law enforcement. A police report will document the incident and serve as crucial evidence for your claim.
- Seek medical attention: Some injuries may not manifest immediately, even if you feel fine. A medical evaluation ensures your injuries are documented.
- Gather evidence: Take photos of the accident scene, vehicle damage, and your injuries. Obtain contact information from witnesses.
- Notify your insurance company: Inform your insurer about the accident and your intent to file a UM claim.
- Avoid accepting direct payment from the at-fault driver: Sometimes, the at-fault driver may offer to pay for the damages from the accident out of pocket. You should decline this offer.
- Consult an attorney: Speak with an uninsured motorist accident lawyer in Charleston before accepting any settlement offer or providing a recorded statement.
Maximizing Your Compensation
When you are involved in an uninsured motorist accident, securing the full compensation you deserve is crucial for your recovery and financial stability.
Reviewing examples of car accident settlements obtained by the uninsured motorist accident attorneys at Shelly Leeke Law Firm demonstrates how our knowledge can significantly increase your chances of obtaining a fair settlement or verdict. The primary categories of damages we can help you recover after an uninsured motorist accident include:
Medical Expenses
One of the most significant financial burdens following an accident is the cost of medical treatment. These expenses may include emergency medical care, hospitalization, rehabilitation, and future medical care.
In many cases, insurers may attempt to limit compensation for future treatment, but our skilled attorneys can help make sure you are not left with out-of-pocket expenses for ongoing care.
Lost Wages and Earning Capacity
If your injuries prevent you from working, you can seek compensation for lost wages, which includes any income you would have earned if the accident had not occurred. This could include immediate lost wages and loss of earning capacity.
Our experienced Charleston car accident lawyers will gather the necessary evidence to help you receive compensation for the full financial impact of the accident.
Pain and Suffering
Pain and suffering refers to the physical pain, emotional distress, and mental anguish caused by the accident and resulting injuries.
Unlike medical bills or lost wages, pain and suffering is considered a non-economic damage, which can be more challenging to quantify. However, it can include physical pain, emotional distress, and loss of enjoyment of life.
Property Damage
In addition to the physical and emotional toll, the accident may damage your vehicle and other property. Property damage compensation covers the costs related to repairing or replacing your vehicle and any other damaged personal property, such as clothing, electronics, or valuables inside the car.
We can help you gather evidence of the damage, including repair estimates, photographs, and receipts for any damaged property, ensuring that you are fully compensated for all losses.
Punitive Damages
While not every accident warrants punitive damages, you may be entitled to them if the at-fault driver was grossly negligent or acted recklessly. For example, if the other driver was driving under the influence of alcohol or drugs, engaged in road rage, or was knowingly driving without insurance, you may receive punitive damages.
These damages punish the at-fault party for their wrongful conduct and deter similar future behavior.
Contact Shelly Leeke Law Firm Today
If you are injured in an accident with an uninsured driver, our team of dedicated Charleston uninsured motorist accident lawyers will help fight for your rights and ensure you receive the compensation you deserve.
Contact us today for a free consultation. We will help you rebuild your life after an uninsured motorist accident.
