Uninsured Motorist Claims And South Carolina’s No-Contact Rule

Being involved in a hit-and-run crash can leave you with more questions than answers. You may know another driver caused the accident, but have no idea who that person is or whether they have insurance. In some situations, your own uninsured motorist coverage may help pay for your injuries and losses.

However, South Carolina has a unique rule that can affect these claims. In certain cases involving unidentified drivers, the law requires proof of physical contact with the unknown vehicle or other qualifying evidence permitted by law. This is often called the “no-contact rule.”

If you were injured in a crash involving an unidentified driver, a car accident lawyer can help you understand whether uninsured motorist coverage may apply to your situation.

What is uninsured motorist coverage?

Uninsured motorist coverage is a kind of auto insurance that can help protect you if you are injured by a driver without liability insurance. It is required in South Carolina automobile liability insurance policies.

UM coverage can also apply in certain hit-and-run accidents where the driver can’t be identified. This can be an important source of compensation in the absence of a known at-fault driver from whom damages may be recovered.

Why does physical contact matter in some hit-and-run cases?

South Carolina law treats some unidentified-driver claims differently from accidents involving known drivers. If a driver leaves the scene and is not identified, insurance companies may dispute the involvement of another vehicle. In the absence of safeguards, a person could say that an accident was caused by a phantom vehicle when no other vehicle had been present.

This concern has historically been addressed by South Carolina law, which, in many claims for uninsured motorist benefits involving unknown drivers, required that the insured vehicle be physically contacted by the unidentified vehicle. The point of this requirement is to deter fraudulent claims and provide proof of another vehicle involved in the crash.

What does the no-contact rule mean?

The phrase “no-contact rule” is often used to describe situations where a person is unable to recover uninsured motorist benefits because there was no physical contact with the unidentified vehicle.

Let’s say, for example, that another driver cuts you off. You take evasive action to avoid a collision and crash into a guardrail. The other driver keeps going and is never identified. Although the unidentified driver may have caused the accident, there was no actual collision between the two vehicles. That can create challenges when seeking uninsured motorist benefits.

The issue is not only whether the other driver was negligent. Instead, the question is whether the claim satisfies South Carolina’s requirements for an accident involving an unidentified vehicle.

Has South Carolina changed the law on no-contact accidents?

Yes. South Carolina law has evolved over time. Under current law, physical contact does not have to exist if the accident was reported to an appropriate police authority within a reasonable time, the insured was not negligent in failing to identify the unknown vehicle or driver, and the accident was witnessed by a qualifying witness or a recording of the accident shows that the damage or injury was caused by the unknown vehicle, as permitted by South Carolina law. In some circumstances, a qualifying independent witness affidavit or pre-suit deposition may be used to help prove that an unknown driver caused the accident. This revision acknowledges that even if the vehicles never touch, legitimate accidents can happen.

However, the requirements remain very specific. Not every witness will satisfy the legal standard, and not every no-contact accident will qualify for uninsured motorist benefits.

Because these cases can get complicated, many injured drivers benefit from seeking legal advice before accepting an insurance company’s decision.

What is an independent witness?

An independent witness is someone other than the owner or operator of the insured vehicle who saw the accident and can satisfy South Carolina’s witness requirements.

The witness must be able to give information that supports the existence of the unidentified vehicle and satisfies South Carolina’s witness requirements. In situations where no contact has been made between the vehicles, independent witness testimony can be an invaluable source of evidence.

Why do insurance companies challenge these claims?

Proving an accident without contact can be difficult. If the other driver is not identifiable, the insurers may contend that the accident was caused by some factor other than the unknown vehicle. They may dispute the witness testimony, dispute the manner of the crash, or argue that the evidence does not meet legal standards.

Sometimes it’s hard to prove that the accident was the fault of another vehicle, even if the injured party truly believes this to be the case. That is why gathering evidence as soon as possible after the collision is often important.

What should you do after a hit-and-run accident?

If you can, call law enforcement and inform them about the hit-and-run accident as soon as reasonably possible. Get medical help for injuries and follow your doctor’s instructions. If witnesses saw the crash, try to get their contact information. Whenever possible, photographs, videos, and other evidence should be saved.

It’s also a good idea to let your insurance company know about the accident. Sometimes, delays in reporting also cause more problems during the claims process.

Every accident is different, and the facts of your case may determine whether you are entitled to uninsured motorist benefits.

When should you speak with a lawyer?

Questions about unidentified drivers and uninsured motorist coverage can get complicated quickly. Even a single seemingly insignificant detail could have a strong bearing on whether or not UM coverage applies.

A South Carolina car accident lawyer can review the details of the accident, evaluate evidence, and advise you on how South Carolina’s uninsured motorist laws might apply to your claim.

If you have been injured in a hit-and-run or an accident with an unidentified driver, you may want to consider talking to an attorney before making any big decisions regarding your case.

Should you have questions concerning a hit-and-run accident or an uninsured motorist claim, you should contact a South Carolina car accident lawyer to discuss your case and learn what steps may be available to protect your rights. The attorneys at Price, Petho & Associates are here to help.