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Understanding Uninsured and Underinsured Motorist Coverage in South Carolina

Attorney Gary Christmas in front of motor vehicle accident scene

You shouldn't have to worry about what insurance someone else carries — we’ll help you find protection.

When you're hurt in an accident, you expect the other driver to take responsibility — or at the very least, to have insurance that covers the damage they caused. But what if they don’t? Sadly, it’s a reality many South Carolinians face every day. The driver who caused your injuries may have no insurance at all or just the bare minimum — and that can leave you wondering who’s going to pay your medical bills, fix your car, or cover your time away from work.

At Christmas Injury Lawyers, we help injured people like you understand your options when the other party can’t or won’t cover the cost. If you're navigating an uninsured or underinsured motorist situation, we’ll walk beside you every step of the way.

What Happens When an Uninsured Motorist Hits You?

You’ve just been in a serious car accident, and now you’ve learned the at fault driver doesn’t have auto liability insurance. You’re left with injuries, a damaged vehicle, and a lot of questions.

This is where uninsured motorist coverage becomes essential. In South Carolina, uninsured and underinsured motorist situations are all too common. If you’ve been hit by an uninsured driver, we’ll help you explore your insurance coverage options so you can focus on healing — not fighting with the insurance company.

The Role of Bodily Injury in Motorist Coverage

When you’re hurt in an accident, your top concern is treating your injuries — not chasing down the driver's insurance company. If the at fault driver has no or too little liability insurance, your own uninsured motorist bodily injury coverage may provide the help you need.

This coverage helps pay for:

  • Emergency room visits and medical bills
  • Surgery, physical therapy, and rehabilitation
  • Ongoing medical expenses for serious injuries caused
  • Lost wages due to time off work
  • Pain and suffering for long-term effects

Your motorist bodily injury coverage is one of the most important tools you have when the other driver can’t or won’t step up.

How Underinsured Coverage Steps in to Fill the Gaps

Sometimes the other driver's insurance company pays the maximum under their policy — but it’s not enough to cover all your losses. That’s when underinsured motorist coverage can step in.

For example, if the underinsured driver only carries the minimum limit required by law, but your injuries and damages are much greater, your underinsured coverage can help make up the difference. It may cover:

  • Additional medical expenses
  • Ongoing treatment needs
  • Property damage
  • Bodily injury exceeding the liability coverage limits

Having this type of insurance means you won’t be left depending on health insurance alone — or worse, footing the bill yourself.

What Are South Carolina’s Liability Limits — and Why Do They Matter?

In South Carolina, auto insurance laws only require drivers to carry minimum liability limits:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury when there are more than one person injured
  • $25,000 for property damage

If you’re seriously injured in an accident, these amounts may barely make a dent in your medical expenses or property damage costs.

That’s why having uninsured underinsured motorist coverage built into your auto policy can make all the difference. It helps provide financial protection when the other driver's insurance falls short.

What About Health Insurance, Medical Payments, and Other Options?

Collage with photo depicting medical payments, lost wages and accident injuries.

Many injured people wonder whether health insurance alone is enough to provide coverage for everything after a crash. In truth, it’s rarely that simple.

Here’s a breakdown of how different coverage types work:

  • Medical payments coverage: Pays for medical bills regardless of fault, often used alongside health insurance.
  • Uninsured motorist bodily injury: Helps with injuries from a hit and run driver or uninsured motorist.
  • Collision coverage: Pays for repairs to your car if it’s damaged, regardless of who was at fault.
  • Uninsured motorist property damage: Helps repair your vehicle when the at fault driver's insurance can’t.

We’ll look at your full insurance coverage profile and help you understand how to access every benefit available to you.

How Motorist Coverage Affects Your Claim Against the Other Driver

If you’re legally entitled to recover from an underinsured or uninsured motorist, your car insurance may be your strongest safety net. But getting what you’re owed is rarely easy.

We help our clients by:

  • Reviewing their auto policy and uninsured and underinsured motorist provisions
  • Identifying overlooked or hidden coverage
  • Fighting insurance companies that delay or deny valid claims
  • Taking legal action when necessary

You didn’t choose to be injured, and you shouldn’t have to pay for someone else’s poor decision to purchase insurance that didn’t offer enough coverage.

Does Your Policy Include Property Damage Coverage?

Most people think about medical costs first — but what about your car?

Your property damage liability, collision coverage, and motorist property damage coverage all work together to cover repairs. If you’re hit by an uninsured motorist, your uninsured motorist property damage may be critical to restoring your vehicle.

We’ll help make sure your property damage coverage is activated and that you’re not stuck paying for repairs that aren’t your fault.

Understanding the Impact of a Collision Deductible and Why Higher Limits Matter

Even with good coverage, your collision deductible and policy limits can limit how much money you actually receive.

Choosing higher limits when you set up your auto insurance may cost more up front, but it gives you far more protection when disaster strikes — especially in states like South Carolina, where many states still have low minimum insurance standards.

FAQs About Uninsured and Underinsured Motorist Coverage

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist coverage helps when the at fault driver has no liability insurance at all. Underinsured motorist coverage helps when the other driver has some insurance, but it’s not enough insurance to cover all your damages.

Can I use uninsured coverage if I was hurt by a hit and run driver?

Yes. In South Carolina, a hit and run driver is treated like an uninsured driver, so your uninsured motorist bodily injury coverage may apply.

Will my own car insurance company treat me fairly in these claims?

Unfortunately, insurance companies often work to reduce what they pay out — even to their own policyholders. We help hold them accountable when they try to undercut your rights.

What if the other driver’s liability coverage limits are too low to cover my losses?

That’s exactly why underinsured coverage exists. We’ll help you activate it and pursue the full value of your claim.

How do I know if I have the right types of motorist coverage?

We’ll review your auto policy, explain your coverage types, and walk you through the best steps to protect yourself moving forward — including whether you should consider higher limits in the future.

Don’t Let an Uninsured or Underinsured Driver Ruin Your Recovery

Lawyer fighting for compensation under South Carolina laws.

Understanding Uninsured and Underinsured Motorist Coverage in South Carolina is more than just knowing what your auto policy says — it’s about making sure you’re protected when someone else fails to carry enough insurance. These situations can leave you feeling helpless, especially when you're dealing with serious injuries, mounting medical bills, and unanswered questions. Even if there are disputes over fault, South Carolina’s comparative negligence laws may still allow you to recover money — as long as you weren’t more than 50% at fault.

At Christmas Injury Lawyers, we’re here to help you make sense of your coverage, stand up to the insurance company, and fight for the financial protection you're legally entitled to. You’ve been through enough — let us take it from here.

Call Christmas Injury Lawyers today at (843) 380-4112 or click "Contact Us" to start your case now.
Injury cases are all we do. We don’t get paid unless we win for you.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship. Every case is different and past results do not mean that the same results can be achieved in a different case. For contingency fees, attorney's fees are calculated before client case costs/expenses. 
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