An accident with an uninsured driver can turn an already stressful situation into a financial nightmare. Without sufficient insurance coverage, you may find it difficult to recover fair compensation for medical bills, property damages, and other non-economic losses. A North Charleston car accident lawyer from Shelly Leeke Law Firm can guide you through this complex process and help you secure the compensation you deserve.
With millions of dollars recovered in trial verdicts and insurance settlements, our legal team has the experience and skill to handle even the most challenging uninsured motorist cases. A North Charleston uninsured motorist accident lawyer from our firm will fight aggressively to protect your rights and hold the responsible party accountable. Contact us today to schedule a free consultation and discuss your legal options further.
How Uninsured Motorist Claims Work in South Carolina
South Carolina follows a fault-based insurance system, meaning the at-fault driver is responsible for covering damages resulting from an accident. All drivers are required to carry liability insurance to cover bodily injury and property damage in the event of a crash per S.C. Code Ann. § 38-77-140. However, when a driver lacks the required coverage, victims may need to rely on uninsured motorist (UM) insurance.
Uninsured motorist coverage is mandatory in South Carolina and is included in every auto insurance policy. This coverage allows you to seek compensation from your own insurer for medical expenses, lost wages, and other damages caused by an uninsured driver. Your North Charleston personal injury lawyer can help you navigate the claims process and ensure you receive the maximum compensation available.
Filing a UM claim requires proving that the uninsured driver is at fault for the accident. Evidence such as police reports, witness statements, and medical records can help you build the strongest case possible. We will handle negotiations with the insurance company to help you recover damages under your UM coverage.
Who Pays in an Uninsured Motorist Accident Claim
Determining who pays in an uninsured motorist accident depends on the circumstances of the crash. The type and amounts of auto insurance coverage and liability for the accident could impact who is responsible for paying out on your claim. Compensation may come from:
- The uninsured motorist’s assets, if applicable.
- Your uninsured motorist (UM) insurance coverage, if you opted into no-fault coverage.
- Another third party, such as another negligent driver or vehicle owner.
Even if the at-fault driver is uninsured, that does not necessarily mean they caused the accident. A North Charleston uninsured motorist accident attorney with Shelly Leeke Law Firm will thoroughly investigate your case to identify all liable parties and pursue every possible avenue for compensation.
We work for you on contingency in accordance with South Carolina Judicial Branch Rule 1.5: Fees, so you pay nothing in legal fees unless or until we win your case.
What Happens if Your Insurance Settlement does not Cover Every Loss
If your insurance settlement falls short of covering your losses, you may have the option to file a personal injury lawsuit. In South Carolina, there are no caps on economic or non-economic damages in personal injury cases as described under S.C. Code Ann. § 15-32-200. This means you can pursue full compensation for both tangible and intangible losses, such as medical expenses, lost income, and pain and suffering.
A personal injury lawsuit can be especially beneficial in cases involving severe injuries or significant property damage. Your North Charleston catastrophic injury lawyer will work to prove the full extent of your damages and fight for the compensation you deserve. This includes consulting medical and financial experts to calculate the lifetime costs associated with your injuries.
Filing a lawsuit also provides an opportunity to seek punitive damages in cases of gross negligence or intentional misconduct according to S.C. Code Ann. § 15-32-530. While these damages are rare, they can significantly increase your total compensation. Our team will evaluate your case to determine whether punitive damages may be warranted.
Uninsured Motorist Accident Claim Intricacies
To build a strong case, you must prove the at-fault party’s liability through a preponderance of the evidence per S.C. Code Ann. § 15-33-135. This means we must convince the jury that the defendant is more likely than not responsible for causing your accident. This also means our investigation may determine that the uninsured driver who hit you is not necessarily responsible for causing the wreck.
No matter who is responsible for causing the accident, you may still have the opportunity to file an insurance claim against your own policy or that of a third party who is found liable for causing the accident. Keep in mind that the insurance company will have its own claim-filing deadlines. Failure to meet the insurance company deadlines could adversely impact your ability to recover a fair insurance settlement.
If the at-fault party is uninsured, working with our legal advocates ensures that your lawsuit is filed within the three-year statute of limitations per S.C. Code Ann. § 15-3-530 and that all required evidence is presented effectively. If the statute of limitations expires and your personal uninsured motorist accident lawsuit has not been filed, the civil court system may refuse to hear your case. Fortunately, with our team advocating for your rights, you can be sure your claim is filed well before time runs out.
Consult a Dedicated Uninsured Motorist Accident Lawyer in North Charleston
Dealing with the aftermath of an accident involving an uninsured driver can be overwhelming, but you do not have to bear this burden alone anymore. An uninsured motorist accident attorney in North Charleston from Shelly Leeke Law Firm can guide you through the process and fight to secure the compensation that is rightfully yours. We will handle the insurance claims, negotiate on your behalf, and pursue legal action if necessary.
With our proven track record of millions of dollars in trial verdicts and insurance settlements recovered for clients, our North Charleston uninsured motorist accident lawyers is committed to achieving justice for accident victims. Contact our dedicated and strategically aggressive legal team in North Charleston at Shelly Leeke Law Firm today to schedule your free consultation. Let us help you pick up the pieces of your life.
