Driving without the local requirements for insurance is illegal in nearly every state, yet many drivers still choose to drive uninsured. If you're in an accident with an uninsured driver in South Carolina, who's responsible? 

Understanding car insurance coverage and how it works can help in scenarios like this. It can also help to work with a South Carolina independent insurance agent to make sure you have the right coverage. With the right coverage, you can be better prepared for an accident with an uninsured driver if it occurs.

What Happens If An Uninsured Diver Is In a Car Accident?

The physical damage of an accident doesn't vary whether you have insurance or not, but insurance will come into play when determining how damage to vehicles and personal injuries after an accident will be paid for. It all comes down to who is at fault.

Here are a couple of scenarios to consider:

• The at-fault driver does not have insurance: If the driver that caused the accident does not have insurance, any repairs or replacement costs for their vehicle will have to come out of pocket. They'll also be responsible for any legal fees, medical bills, and other financial responsibilities that may result from the accident. If there are physical injuries or property damage to third parties the at-fault driver would be financially responsible for that as well. The driver who was not at fault could receive some financial relief if they have uninsured motorist coverage.
• The at-fault driver has insurance, but the other driver involved does not have insurance: Each driver is responsible for filing a claim with their respective insurance companies. Since the at-fault driver has coverage, their insurance would likely pay for the damage from the accident for their vehicle and the other driver. The uninsured driver may still receive a ticket if the police are called to the accident and it's learned that they are driving without insurance.

Accidents in South Carolina are also impacted by the fact that it is an at-fault state, which we'll discuss in the next section.

What Does It Mean that South Carolina Is an At-Fault State?

An at-fault state means that there is an at-fault driver in every car accident. If you're involved in an accident with another driver in South Carolina, you have the right to file a claim against the other driver. Unfortunately, if the other driver does not have insurance, you'll likely be left having to pay for personal injuries and damage to your property out of pocket. 

Keep in mind that you can always pursue the option to sue the uninsured driver under South Carolina's modified comparative negligence laws.  In this situation, a plaintiff's total award may be reduced if they partially caused the accident and sustained injuries as a result.  Here's how this works.

• If you are more than 50% at fault, you will not be entitled to damages from the other driver.  
• If you are less than 51% at fault, you can collect damages minus the percentage for which you are at fault.  
• If you are 20% at fault, you can recover 80% of what you paid for damage following the accident.

What is Uninsured Motorist/Underinsured Motorist Coverage?

South Carolina law requires that all drivers carry uninsured motorist coverage. Minimum requirements are for drivers to carry coverage that is equal to the minimum amounts of liability coverage: 

• $25,000 per person for bodily injury
• $50,000 for all persons injured in one accident
• $25,000 for all property damage in one accident. 

Uninsured motorist coverage can help pay for any damage to your vehicle and personal injuries if you're in an accident with an uninsured driver and they're at fault.

Consequences of Driving Without Insurance in South Carolina

As we've mentioned, driving without insurance is illegal in most states. South Carolina requires the minimum liability coverage that we've previously mentioned and equal limits for uninsured motorist coverage. If you're driving without insurance you could be subject to serious legal penalties. 

Penalties for driving without insurance in South Carolina

Penalties for driving without insurance increase with the more offenses you have. If you're caught driving without insurance multiple times, you're considered a high-risk driver. But even a first offense has serious consequences.

First offense fines

• Uninsured motorist fee of $550
• Up to $200 fine or 30 days in jail, or both
• $5 per day for each day you went without insurance
• Your license and registration could be suspended until you can provide proof of car insurance coverage, also called an SR-22. Plus, you will have to pay a fee of up to $400 to reinstate your license and registration.

Second offense fines

• For the second offense, all the penalties for driving without insurance in South Carolina apply from the first offense. There is no “or” for the fine or jail time for the second offense; you will be fined and face up to 30 days in jail. 
• South Carolina considers a second offense a criminal misdemeanor which stays on your criminal record permanently.

Third Offense

• If you have a third offense, the above fees and penalties apply but jail time is increased to between 45 days and six months. 
• You will also be required to purchase an SR-22 and pay to reinstate your license and registration, which carries a fee of up to $400.
• New insurance will be very expensive

A South Carolina independent insurance agent can help you get set up with car insurance so that you're legally insured to drive in the state.

What Else Does a Good Car Insurance Policy Cover?

State minimum auto coverage is a good place to start with coverage, but most drivers can benefit from having additional policies and higher limits than the minimum requirements. 

An agent can talk with you about the following additional policies that can round out your South Carolina car insurance.

• Collision coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled in a collision, regardless of fault. 
• Comprehensive coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled by a non-collision event such as a hailstorm or theft. 
• Roadside assistance and rental reimbursement: This covers if your vehicle breaks down while on the road and you need roadside assistance or if you need to rent a car while yours is in the shop getting repaired.
• Medical payments coverage: This can help pay for medical expenses for the driver and passengers regardless of fault. Limits are usually between $1000-$5000.
• Umbrella coverage: This provides liability coverage above and beyond your standard liability limits. It can cover injuries, property damage, certain lawsuits, and personal liability claims. 

How Can You Find Affordable Insurance in South Carolina?

Fortunately, there are a variety of ways to save money on car insurance. All of the following tips can help you find affordable coverage.

• Shop multiple companies and quotes using an independent insurance agent.
• Keep a good driving record. Drivers with no accidents or tickets are considered less risky to insurance companies.
• Work with your coverages and deductibles to find the right middle ground of coverage and cost.
• Discuss potential discount opportunities with your agent, including:
  • Multiple policy discount: When you have more than one policy with the same carrier.
  • Loyalty discount: When you've been with the same carrier for a number of years.
  • Association discount: When you're part of an association that partners with the carrier.
  • Claims free discount: When you haven't filed a claim within a certain period of time.

How Can a South Carolina Independent Insurance Agent Help?

Car accidents happen, but if they happen with someone who does not have insurance, it can be a financial nightmare. The best way to avoid expensive auto accidents is to make sure you're fully protected with the proper policies. A South Carolina independent insurance agent can help you achieve this.

Agents are located across the state and have built a network with insurance carriers. They know which companies have a good reputation for offering quality coverage at affordable rates. Work with an agent in your area today.