Why You Are Not Necessarily Out Of Luck When Involved In A Hit & Run Accident (Part 2)

Posted by the Charleston SC Car Accident Lawyers at Anderson & Schuster, Attorneys at Law, LLC.  Our Charleston auto accident lawyers help those injured in car, truck and motorcycle accidents in Charleston, North Charleston, Mt. Pleasant, Summerville, Goose Creek and across the South Carolina lowcountry.

South Carolina's requirement of uninsured motorist coverage for auto insurance policies written in South Carolina was previously discussed in Why You Are Not Necessarily Out Of Luck When Involved In A Hit & Run Accident (Part 1).  This uninsured   motorist coverage is what someone who has been involved in a hit-and-run accident can use to recover for medical bills, pain and suffering, lost wages, and damage to property that they have endured at the hands of the at-fault motorist that fled the scene.  Making a claim like this to an insurance company can be difficult, and the assistance of an attorney like a Charleston Car Accident Lawyer at Anderson & Schuster, Attorneys at Law, LLC is recommended.  

In order to make a claim against your uninsured motorist coverage for a hit-and-run accident, South Carolina law states that:  If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless:

  1. The insured or someone in his behalf has reported the accident to some appropriate police authority within a reasonable time under all the circumstances, after its occurrence;
  2. The injury or damage was caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle; provided however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit (providing false information in the affidavit may subject the affiant to criminal penalties);
  3. The insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident.

If you can satisfy the requirements above from South Carolina Code Ann. § 38-77-170 as listed above you should be able to recover against your uninsured motorist coverage that should be a part of your auto insurance coverage if you purchased your car insurance in South Carolina.

If you have been involved in a car accident where the at-fault party hit you and then fled the scene, or if you have been involved in a car accident with a driver that did not have insurance, call now to speak with an attorney at Anderson & Schuster, Attorneys at Law, LLC.  Our phone number is (843) 388-3661.  Remember, our car accident consultations are free of charge and we are happy to talk about your options with you.

Charleston Car Accident Lawyers

Our auto accident attorneys are here to help those injured in car, truck and motorcycle accidents in CharlestonNorth CharlestonMount PleasantSummervilleGoose CreekHanahanJames IslandWest AshleyIsle of PalmsSullivans IslandFolly BeachJohns IslandLadsonAwendawMcClellanvilleMoncks Corner and across South Carolina.

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