South Carolina, like most states, puts responsibility for automobile accidents on the party who actually caused the crash. This is known as a “fault” system, as opposed to some states that apply a “no-fault” system. This just means that if you are injured in a car accident in South Carolina, you have a right to file a lawsuit against the at-fault driver and seek compensation through that person’s liability insurance.
But what happens when the person does not have proof of insurance? South Carolina law requires all drivers to carry liability and uninsured motorist insurance coverage. In general, you cannot claim compensation from your uninsured motorist policy, except in the following situations:
- Hit and run cases
- Other driver’s insurance lapsed
- Other driver did not carry insurance
So, how do you prove that the other driver has no insurance? At David Aylor Law Offices, we help injured people with claims of all kinds, including uninsured motorist cases. Call today for help with your injury case.
The Guilty Plea
Perhaps the easiest way to prove a lack of insurance is to have the other driver’s guilty plea. In many cases, when the other driver fails to carry proof of insurance, that driver will get a ticket. If they plead guilty to the offense, this is fairly clear evidence that they are uninsured. On the flip side, if the other driver gets the ticket dismissed by providing proof of coverage, this could indicate coverage that they simply did not carry in their car at the time of the crash.
South Carolina Department of Transportation
In many cases, you can confirm someone’s insurance coverage by submitting a formal request to the South Carolina DOT. This only applies in situations where there are injuries or serious property damages, and the information is not always accurate.
In some situations, it may make sense to have the other driver sign a sworn affidavit, attesting to the fact that he or she did not carry coverage at the time. Don’t expect this to be easy, but if faced with the possibility of being sued for negligence, many people may agree to cooperate.
File a Lawsuit
If all else fails, you can sue the at-fault driver. Once the case is filed, you have a right to seek a judgment against them, which can result in liens against their property, wage garnishments, and bank levies. Often, a judge will admonish the person to turn over their insurance information. This can be forced by court order. If you have reason to suspect the person is hiding their insurance information, a court can order records to be turned over.
Get Help With Your Uninsured Motorist Claim
If you’ve been hurt by an uninsured motorist in South Carolina, call the David Aylor Law Offices today to speak with an attorney and get real help fast. We know insurance rules can be complicated and frustrating. For this reason, we make it easy to get the help you need, and we never take a fee unless we get you compensation for your injuries.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.