Getting into a car accident is stressful but it’s even worse if someone involved doesn’t have insurance. Whether you’re the one at fault or not, being uninsured or hit by an uninsured driver can complicate everything.
South Carolina law requires every driver to carry minimum liability insurance. Yet, according to the Insurance Research Council, about 1 in 10 drivers in South Carolina are still uninsured. That means you could easily end up in a car accident without insurance and not at fault, or be the one who is at fault with no insurance and both situations carry serious consequences.
Let’s look at what you need to know, who could be financially responsible, and when it’s time to speak with a personal injury lawyer.
Is South Carolina a No-Fault State?
South Carolina is not a no-fault state. It uses a fault-based system, meaning the driver who caused the accident is financially responsible for the damages.
If the at-fault driver doesn’t have insurance, things can get complicated. You may still be able to recover compensation, but the process is often slower and more difficult. Having an experienced attorney can make all the difference in moving things forward.
What If You Were Not at Fault and Don’t Have Insurance?
If you’re in a car accident without insurance but not at fault, you may think you’re safe from penalties. But South Carolina law still penalizes uninsured drivers even when they didn’t cause the crash.
Here’s what could happen:
- You could face fines and a license suspension
- You may have to pay a $550 uninsured motorist fee yearly
- You may be barred from collecting compensation, depending on how the accident is reported and documented
That’s why it’s important to speak with a car accident attorney before giving any statement to an insurance adjuster or police officer.
What If You’re At Fault and Don’t Have Insurance?
If you’re involved in a car accident at fault with no insurance, the consequences can be far more serious. In addition to fines, you could be personally liable for:
- The other driver’s medical bills
- Vehicle damage
- Lost wages
- Pain and suffering
You may also face:
- A license suspension
- SR-22 insurance filing requirements
- A lawsuit from the injured party
Even if you think the damage is minor, don’t take any chances. South Carolina has a three-year statute of limitations for personal injury claims, which means the other party can come after you long after the accident.
So Who Pays for Damages in These Situations?
If the at-fault driver has no insurance, the injured party can still seek compensation but it’s more complicated.
Here’s how:
- If you were not at fault, your own uninsured motorist (UM) coverage may apply
- If you don’t have UM coverage, you may need to sue the at-fault driver directly
- If you were at fault, and don’t have insurance, you could be sued personally and may be responsible out-of-pocket
That’s why it’s critical to have an attorney evaluate your case. Insurance companies may deny your claim or downplay your injuries especially in cases involving uninsured drivers.
Real Stats: Uninsured Drivers and Crashes in South Carolina
In 2022, South Carolina recorded 147,249 traffic collisions, with 1,094 resulting in fatalities, according to the SC Department of Public Safety. Many of these accidents involved uninsured or underinsured drivers, making it a growing concern across Columbia, Greenville, and beyond.
With 10.9% of South Carolina drivers uninsured, your chances of being in a complicated claim situation are higher than you think.
What to Do After a Crash Involving No Insurance
- Call the police – You need an official report for insurance and legal protection
- Seek medical attention – Even if your injuries seem minor
- Document the scene – Photos, videos, witness contact details
- Do not admit fault – Especially if you’re unsure who caused the accident
- Contact a personal injury lawyer – You need to understand your rights before speaking with insurance companies
Why You Should Call Spartan Law
Whether you’re uninsured, the other driver lacks coverage, or you’re unsure who was at fault, legal advice can protect your rights and your wallet.
At Spartan Law, we’ve helped countless drivers in South Carolina handle tough accident cases involving uninsured drivers, truck crashes, DUI accidents, and rear-end collisions. Our team knows how to deal with aggressive insurers, locate hidden coverage, and protect you from unfair blame.
Call for a Free Case Review Today
Don’t try to handle a no-insurance accident claim alone.
Call Spartan Law at 864-777-1000 for a free, no-obligation consultation. We’ll review your case, explain your legal options, and help you protect your rights.
Whether you were involved in a car crash, motorcycle collision, or a pedestrian accident, our experienced team is ready to help you move forward with confidence.
