Getting into a car accident is stressful enough. But finding out the other driver is at fault and doesn’t have insurance? That can turn a frustrating experience into a legal and financial headache.
In South Carolina, every driver is legally required to carry minimum liability insurance. Yet, a surprising number of drivers don’t follow the rules. According to the Insurance Research Council, about 10.9% of South Carolina drivers are uninsured. If you’re hit by one of them, your ability to recover compensation may depend on the choices you make in the hours and days after the crash.
Let’s break down your rights, what coverage may still protect you, and how to make sure you don’t get stuck with the bill.
Is South Carolina a No-Fault State?
No, South Carolina is not a no-fault state. Instead, it follows a fault-based system, which means the person who causes the accident is responsible for paying for the damage.
But if the at-fault driver has no insurance, this puts everyone in a tough spot. You might still be able to get compensation, but the path is longer and you’ll want an experienced lawyer on your side.
For a broader look at how car accident claims work in our state, check out our blog on how long after an accident you can file a claim in South Carolina.
What Coverage Protects You If the At-Fault Driver Has No Insurance?
If you’ve been in a car accident without insurance and not at fault, your best protection is something called Uninsured Motorist Coverage (UM).
UM coverage is required by law in South Carolina, and it’s part of most auto insurance policies. This coverage can help pay for:
- Medical bills
- Car repairs
- Lost wages
- Pain and suffering
But there are limits. Your compensation may be capped based on the limits of your UM policy, and your own insurance company may fight your claim even though you’ve paid them premiums.
This is where a personal injury lawyer can step in to protect your rights and handle the negotiations on your behalf.
Can You Sue the At-Fault Driver?
Yes, you can sue the at-fault uninsured driver, but whether you get paid is another story.
Many uninsured drivers don’t carry insurance because they can’t afford it and they may not have assets worth going after in a lawsuit. However, an attorney can investigate the at-fault driver’s:
- Employment status
- Bank accounts and assets
- Driving record
- History of negligence
Sometimes, uninsured drivers do have valuable assets or coverage from a family member’s policy that might apply. Let a car accident claim lawyer explore every possibility before giving up on compensation.
Local SC Statistics on Uninsured Drivers
In 2022, South Carolina reported over 147,000 traffic collisions, including more than 1,000 fatal accidents, according to the SC Department of Public Safety. With about 1 in 10 drivers uninsured, that means thousands of crashes each year involve drivers with no valid insurance.
This is especially common in rural counties like Williamsburg, Clarendon, and Bamberg areas where we frequently help clients recover compensation in tough cases.
What If You’re the One at Fault and Have No Insurance?
If you’re involved in a car accident at fault with no insurance, the consequences are serious. Even a minor crash can result in:
- Fines and license suspension
- Vehicle impoundment
- Personal liability for the other driver’s medical bills
- A lawsuit that could damage your credit or result in wage garnishment
You may also be required to file SR-22 insurance, which is much more expensive than standard coverage.
If this sounds like your situation, it’s best to get legal advice immediately. The sooner you understand your options, the better chance you have at limiting long-term damage.
Why Spartan Law Can Help
Dealing with a car accident involving no insurance is complicated. You may feel stuck, unsure who’s responsible, or worried about how you’ll pay for your recovery. We’re here to walk you through it clearly, confidently, and without pressure.
At Spartan Law, we’ve helped clients across South Carolina with uninsured motorist claims, rear-end accidents, truck crashes, and hit-and-run cases. We know how to:
- Investigate liability
- Identify all potential sources of insurance
- Push back against lowball offers from insurers
- Guide you every step of the way
Talk to a Car Accident Lawyer for Free
If you’ve been in a car crash and the at-fault driver didn’t have insurance, don’t face it alone.
Call Spartan Law at 864-777-1000 for a free, no-pressure consultation. We’ll review your case, explain your rights, and help you take the next step toward justice and recovery.
Whether you’re in Greenville, Columbia, or a smaller town in the Lowcountry, we’re ready to help you find the right path forward.
