South Carolina Coastal View

Motorcycle Accident With an Uninsured Driver in South Carolina

Navigating insurance coverage, UM/UIM claims, and bad faith disputes after a crash.

How Uninsured Motorist Insurance Protects SC Riders

In South Carolina, motor vehicle operators are legally required to carry liability insurance. However, thousands of drivers on local roads remain uninsured. If you are involved in a motorcycle accident caused by an uninsured driver, or if you are the victim of a hit-and-run, your primary recovery source will likely be your own insurance policy's Uninsured Motorist (UM) coverage.

By law, every automobile and motorcycle policy in South Carolina must include UM coverage matching the state's minimum liability limits (currently $25,000 per person for bodily injury, $50,000 per accident, and $25,000 for property damage). You can also purchase higher limits, which is highly recommended for motorcyclists who face substantial risk of severe injury.

UM vs. UIM: What Is the Difference?

  • Uninsured Motorist (UM) Coverage: Applies when the at-fault driver has no insurance at all, or in a hit-and-run where the owner or operator of the vehicle cannot be identified (subject to specific statutory requirements).
  • Underinsured Motorist (UIM) Coverage: An optional coverage you must be offered in SC. It applies when the at-fault driver has liability insurance, but their policy limits are not enough to fully cover your medical bills, lost wages, and other damages.

Filing a Claim Against Your Own Insurance Company

While UM and UIM claims are filed with your own insurance company, the insurer does not automatically pay out. They will evaluate the claim as if they represent the at-fault driver, meaning they may dispute liability, minimize the severity of your injuries, or assert that you were partially at fault. Having experienced legal counsel ensures your insurer treats your claim fairly.

If your insurance provider acts in bad faith by unreasonably denying, delaying, or failing to investigate your valid UM/UIM claim, you may have grounds for an insurance bad faith dispute, allowing you to seek damages beyond the policy limits.

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