A hit-and-run accident can leave you dealing with injuries, vehicle damage, medical bills, and unanswered questions. You may not know who hit you, why they left, or whether police will ever identify the driver.
But not finding the driver does not necessarily mean you have no options.
South Carolina requires automobile insurance policies to include uninsured motorist coverage. That coverage can apply when you are injured or your property is damaged by a hit-and-run driver.
If the driver is never found, however, there are specific requirements you may need to meet before recovering under your uninsured motorist coverage.
Report the Hit-and-Run
After a hit-and-run, one of the most important things you can do is report the accident to law enforcement.
South Carolina law specifically requires an accident involving an unknown vehicle to be reported to an appropriate police authority within a reasonable time if you want to pursue recovery under uninsured motorist coverage.
If you are able to do so safely, provide law enforcement with as much information as possible, including:
- The location of the accident
- The approximate time it happened
- The direction the other vehicle was traveling
- The vehicle’s make, model, color, or other identifying characteristics
- The license plate number, even if you only remember part of it
- A description of the driver
- The names and contact information of witnesses
Even seemingly small details could help investigators identify the vehicle.
Gather Evidence Before It Disappears
If the driver cannot be identified, evidence from the accident becomes even more important.
Take photographs of your vehicle and the scene, if it is safe to do so. Keep any damaged parts or other physical evidence. If you were injured, document your injuries and seek appropriate medical attention.
You should also look for potential witnesses or surveillance footage.
Businesses, homes, traffic cameras, and nearby vehicles may have captured the crash or the fleeing vehicle. That footage may not be available indefinitely, so identifying potential sources of video as soon as possible can be important.
What If the Driver Is Never Found?
This is where uninsured motorist coverage can become especially important.
South Carolina law requires automobile insurance policies to include uninsured motorist coverage. The South Carolina Department of Insurance explains that this coverage can protect you when you are injured or your property is damaged by an uninsured or hit-and-run driver.
In other words, you may be able to pursue a claim through your own insurance policy even when the person who caused the crash is never identified.
But that does not mean every hit-and-run claim automatically qualifies.
South Carolina Has Specific Requirements for Hit-and-Run Claims
Under South Carolina Code § 38-77-170, when the vehicle or driver responsible for an accident is unknown, certain conditions must be met before an uninsured motorist claim can be recovered.
For example, the accident generally must be reported to law enforcement within a reasonable time. The law also provides specific requirements involving physical contact with the unknown vehicle, an independent witness, or a recording showing that the unknown vehicle caused the injury or damage.
The law also addresses whether the insured was negligent in failing to determine the identity of the other vehicle or driver.
That is one reason it is important not to assume that a hit-and-run claim is as simple as filing a claim with your insurance company.
The circumstances surrounding the crash can matter.
What If You Were Injured?
A hit-and-run can cause much more than damage to your vehicle.
If you were injured, your damages could include medical expenses, lost wages, and other losses associated with the accident. The South Carolina Department of Insurance notes that bodily injury claims may include medical expenses, lost wages, and pain and suffering.
Depending on the circumstances and your available coverage, uninsured motorist insurance may provide a way to pursue compensation for covered losses.
That makes it important to understand what coverage you have and how it applies to your particular accident.
What If the Driver Is Eventually Found?
A hit-and-run investigation does not necessarily end simply because the driver is initially unidentified.
If law enforcement eventually identifies the driver, the situation can change. There may be an opportunity to pursue a claim against the responsible driver and potentially the driver’s insurance company, depending on the circumstances.
Evidence collected immediately after the crash can become particularly valuable if the driver is identified later.
Don’t Assume You Have to Handle the Insurance Company Alone
Your own insurance company may be involved in the claim when a hit-and-run driver cannot be found. That does not mean you should assume the process will be straightforward.
Insurance policies contain specific terms, and South Carolina law imposes requirements on uninsured motorist claims involving unknown drivers.
If you suffered significant injuries, have substantial damages, or your insurance company disputes your claim, speaking with a South Carolina personal injury attorney can help you understand your options.
What Should You Do After a Hit-and-Run?
If you are involved in a hit-and-run, consider these steps:
- Get somewhere safe.
- Call law enforcement and report the accident.
- Seek medical attention for any injuries.
- Photograph your vehicle, injuries, and the accident scene.
- Gather witness information.
- Write down everything you remember about the other vehicle and driver.
- Look for nearby businesses, homes, or vehicles that may have surveillance footage.
- Notify your insurance company.
- Preserve any evidence related to the crash.
- Consider speaking with an attorney if you suffered significant injuries or have questions about your claim.
When the Driver Leaves, Your Options May Not
A hit-and-run can make an already difficult situation even more complicated. But the fact that the responsible driver was never found does not automatically mean you have no way to seek compensation.
South Carolina’s uninsured motorist laws provide important protections for people involved in accidents with unknown or uninsured drivers. At KJW Law Firm, our attorneys represent South Carolinians injured in serious motor vehicle accidents and can help you understand what options may be available after a hit-and-run.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every accident and insurance claim is different. If you have been injured in a hit-and-run accident, speak with a qualified South Carolina attorney about your specific situation.
