If you’ve been injured in a car accident in South Carolina, and the at-fault driver doesn’t have enough insurance coverage to pay for all of your damages, you might be eligible to file an Underinsured Motorist Claim. But how much can you actually recover? That depends on multiple factors, including your insurance policy, the policy limits of the fault driver, and your own underinsured motorist coverage.
Understanding Underinsured Motorist Coverage
Underinsured motorist coverage (often referred to as UIM coverage South Carolina) is designed to protect you when the at-fault driver has minimum limits of liability coverage that don’t fully compensate for your losses. In South Carolina, auto insurance policies are required to offer uninsured motorist coverage, but underinsured coverage is optional.
If you’ve opted for this optional coverage, your auto insurer will step in and cover the difference between the at-fault driver’s liability coverage and your total losses up to your coverage limits.
When Can You File a UIM Claim?
You can file an underinsured motorist claim South Carolina if:
- The fault driver had minimum liability coverage.
- Your medical bills, property damage, and other costs exceed their limits of liability coverage.
- You have underinsured motorists coverage under your automobile policy.
Even in hit-and-run accident cases where the hit-and-run driver cannot be located, your insurance company may offer coverage through your uninsured motorists coverage.
What Can You Recover?
In your Underinsured Motorist Claim, you can seek compensation for:
- Medical bills and medical expenses
- Property damage
- Non-economic damages such as emotional distress and intangible losses
- Lost wages and other financial losses
The actual amount depends on several key elements including your insurance coverage, the at-fault driver’s policy limits, and the cost of your medical treatment and vehicle repairs.
Factors That Impact Your Compensation
- Policy Limits: If your auto insurance policy has a UIM coverage South Carolina limit of $100,000 and the fault motorist has only $25,000 in liability coverage, your insurer may pay the remaining $75,000.
- Severity of Injuries: Serious injuries that result in high medical costs, extended hospital stays, or physical therapy increase your financial recovery.
- Type of Damages: Whether you’re claiming bodily injury, property damage, or emotional distress, each has its own compensation calculation.
- Proof of Loss: Clear medical records, accident report, witness statements, and police reports strengthen your valid claim.
Insurance Company Challenges
Dealing with your own insurance company after an accident can be frustrating. Insurance carriers often minimize claim payouts and argue against the severity of your personal injuries. That’s why keeping detailed medical records and seeking help from an accident attorney can make a big difference.
Filing a Strong UIM Claim in South Carolina
Here are some tips to improve your chances of fair compensation:
- Document Everything: Save all hospital bills, medical records, and vehicle repairs invoices.
- Know Your Policy: Understand your coverage limits, including bodily injury liability coverage and property damage liability insurance.
- Consult an Attorney: A South Carolina accident lawyer familiar with UIM coverage South Carolina laws can help evaluate your financial impact and guide you through the claims process.
Other Relevant Coverage Considerations
- If you were involved in a crash with an uninsured driver, your uninsured motorist coverage will apply.
- If you have collision coverage, it may also help pay for property damage.
- Auto insurance company practices vary, so check your automobile insurance policy closely.
Why Choosing the Right Law Firm Matters
At Ted Law Firm, we understand how complex underinsured motorist claims South Carolina can be. We work to ensure your financial losses are fully addressed, especially in accidents involving a negligent driver or hit-and-run incidents.
Our law firm assists clients in maximizing their recovery through:
- Careful review of insurance claim documentation
- Calculating financial protection and damages accurately
- Identifying coverage issues in your insurance policy
Final Thoughts
Navigating a UIM coverage South Carolina situation requires clarity, patience, and the right support. Don’t let an underinsured driver jeopardize your right to compensation. Let Ted Law Firm help you pursue a strong case for your financial recovery.
At Ted Law Firm, we’re proud to represent clients throughout South Carolina and Georgia from Charleston, Greenville, Columbia, and Myrtle Beach to Atlanta. No matter where you’re located, we’re ready to fight for you. And here’s the best part: you don’t pay unless we win. That means zero risk and full support from a trusted legal team. With Ted Law Firm, you’re in experienced hands.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
