A hit-and-run accident in South Carolina can leave victims overwhelmed, injured, and unsure of what to do next. When a driver flees the scene, victims face not only the emotional and physical toll of the accident but also the challenge of pursuing justice and compensation without the cooperation of the at-fault party.
Understanding the steps to take, your legal rights, and how to navigate the insurance and legal landscape is critical to protecting yourself after such an incident.
In South Carolina, penalties for hit-and-run drivers vary depending on the severity of the accident. Whether it involves property damage, personal injury, or even a fatality, leaving the scene is a serious offense.
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Why You Need a Lawyer and What They Will Do
Hit-and-run cases often present unique legal and insurance challenges. Without identifying the at-fault driver, victims are left relying on their own insurance coverage, such as uninsured motorist (UM) and underinsured motorist (UIM) policies.
Unfortunately, insurance companies often attempt to minimize or deny claims, leaving victims struggling to recover the compensation they deserve.
An experienced attorney can:
- Investigate Thoroughly: Your attorney will work to gather all possible evidence, such as police reports, surveillance footage, and witness statements. This may involve identifying potential leads on the at-fault driver or piecing together evidence to support your claim.
- Negotiate with Insurance Companies: Insurers often try to undervalue UM/UIM claims, citing insufficient evidence or disputing fault. An attorney will advocate on your behalf, ensuring your rights are protected and that you receive the compensation you deserve.
- Maximize Insurance Coverage: South Carolina allows stacking of UM/UIM coverage across multiple vehicles or policies, a critical strategy for victims of hit-and-run accidents. An attorney can help you identify all applicable policies, including those belonging to family members in your household, and work to combine them to maximize your recovery.
- File a Civil Lawsuit: If the at-fault driver is located, an attorney can pursue a lawsuit to hold them accountable for your losses, including medical bills, lost wages, and pain and suffering.
Having a knowledgeable attorney by your side ensures that every avenue for compensation is explored and that you are not taken advantage of by insurance companies.
The Compensation You Can Receive
Victims of hit-and-run accidents are entitled to seek compensation for the damages and losses they suffer, including:
- Medical Expenses: These include costs for emergency care, hospital stays, surgeries, physical therapy, and ongoing treatments. Even future medical expenses related to chronic injuries can be included in your claim.
- Lost Wages and Earning Capacity: Compensation may cover income lost during recovery and future earning potential if injuries limit your ability to work.
- Pain and Suffering: Victims can claim damages for the physical pain, emotional distress, and reduced quality of life caused by the accident.
- Property Damage: Repair or replacement costs for your vehicle and other personal property damaged in the crash are recoverable.
When the at-fault driver cannot be located, uninsured motorist coverage becomes essential. South Carolina requires all drivers to carry UM coverage, which provides compensation when the responsible party is unidentified or lacks insurance.
If the at-fault driver’s insurance is insufficient, UIM coverage can supplement the difference.
The Legal Side of Hit-and-Run Cases
Navigating the legal complexities of a hit-and-run accident can be daunting. In South Carolina, comparative negligence laws and insurance regulations often play a significant role in these cases.
- Comparative Negligence: South Carolina follows a modified comparative negligence rule. If you are found partially at fault for the accident, your compensation will be reduced by your percentage of fault. For instance, if you are found 20% responsible, your total compensation will be reduced by 20%. If your fault exceeds 50%, you may be barred from recovering any compensation.
- UM/UIM Coverage: Insurance policies can be complicated, but UM coverage is mandatory in South Carolina. It compensates victims when the at-fault driver is unknown or uninsured. UIM coverage, while optional, can be vital in cases where the at-fault driver’s insurance is insufficient to cover your losses.
- Stacking Coverage: South Carolina law allows stacking of UM/UIM coverage across multiple vehicles or policies. For example, if you have three vehicles on your policy, each with $25,000 in UM coverage, you may be able to combine them to access up to $75,000 in coverage. Additionally, South Carolina law allows stacking of policies across household members. This means you can tap into policies held by family members residing in the same household, even if those policies cover vehicles not involved in the accident.
This ability to stack policies is a powerful tool for victims, especially in hit-and-run cases where the at-fault driver is either unidentified or underinsured. An experienced attorney is essential for navigating these options and ensuring all applicable policies are leveraged to maximize your recovery.
What Happens After a Hit-and-Run Accident: Steps to Take
If you’re involved in a hit-and-run accident, taking immediate steps can significantly impact your ability to recover compensation:
- Call 911: Report the accident and seek medical attention for any injuries, no matter how minor they appear initially.
- Document the Scene: Take photos of your vehicle, the surrounding area, and any visible injuries. Document any details about the other vehicle, such as make, model, color, or license plate.
- Speak to Witnesses: Collect contact information and statements from witnesses who may have seen the accident.
- File a Police Report: This official documentation is critical for pursuing a claim and may help law enforcement locate the at-fault driver.
- Contact Your Insurance Company: Report the accident and initiate a UM/UIM claim if necessary.
By involving an attorney early in the process, you can ensure that these steps are carried out correctly and that your case is properly prepared.
Common Scenarios in Hit-and-Run Cases
Hit-and-run accidents occur in various situations, each with unique challenges:
- Parking Lot Incidents: Drivers damage parked vehicles and flee without leaving contact information.
- Intersection Collisions: Drivers run red lights or stop signs, causing accidents, and then flee the scene.
- Pedestrian Accidents: Pedestrians are struck, and the driver leaves without offering assistance.
- Side-Swipe Accidents: On highways or narrow roads, drivers may sideswipe a vehicle and fail to stop.
Each of these scenarios requires careful evidence gathering and a tailored legal approach to pursue justice.
How Auger and Auger Can Help
At Auger and Auger, we have over 30 years of experience helping hit-and-run victims in South Carolina. Our team is dedicated to navigating the complexities of these cases and ensuring you receive the compensation you deserve.
We will:
- Conduct a detailed investigation to gather evidence and build your case.
- Handle all negotiations with insurance companies to maximize your recovery.
- Explore all available coverage options, including UM/UIM and stacking policies.
- Advocate for you in court if the at-fault driver is identified.
With our A&A Zero Fee Guarantee, you won’t pay legal fees unless we win your case.
Contact Us Today
If you or a loved one has been involved in a hit-and-run accident, don’t face the aftermath alone. At Auger and Auger, we are here to help you navigate the legal and insurance challenges of your case.
Contact us today for a free consultation, and let us fight for the justice and compensation you deserve. Together, we’ll help you move forward with confidence.
