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Who Is Liable in a South Carolina Hit-and-Run Accident?
When a driver involved in a collision flees the scene, it can leave victims feeling abandoned and unsure of their legal options. Determining liability for a car accident is critical in securing justice and compensation. If you have been the victim of a hit-and-run accident, you may wonder who is liable and how to proceed when the at-fault driver is nowhere to be found. An experienced car accident attorney can help you explore every available source of compensation.
What Is a Hit-and-Run Accident in South Carolina?
Leaving the scene of an accident is addressed in the South Carolina Code of Law, Title 56 – Motor Vehicles. State law requires any driver involved in a crash resulting in injury or death to stop at the scene immediately, render reasonable assistance to anyone injured, and provide information to the other parties involved, including name, address, vehicle registration number, and driver’s license. A driver who flees the scene is committing a criminal offense. Hit and run carries severe penalties, including fines, license suspension, and imprisonment.
The immediate aftermath of a car accident is chaotic. Without the at-fault driver’s information, victims are left in an uphill battle to recover damages for medical expenses, vehicle repairs, lost wages, and emotional distress. Fortunately, the legal framework in South Carolina provides avenues for victims to seek compensation, even when the at-fault party is unidentified.
How Can Hit and Run Accident Victims Recover Compensation?
In most hit-and-run accident cases, liability rests with the fleeing driver. If located, the at-fault driver may be held accountable for damages resulting from their negligent or reckless behavior. The situation becomes more complex if the hit-and-run driver remains unidentified. In that case, other insurance coverage may come into play. The following are potential sources of compensation for hit-and-run accidents:
Fleeing Driver
The driver who caused the crash and fled the scene is primarily liable for a hit-and-run accident. If law enforcement identifies and apprehends the driver, the victim can pursue a personal injury claim. Eyewitness accounts, traffic camera footage, and vehicle damage can play a critical role in proving fault.
Victim’s Insurance Coverage
When the at-fault driver flees the scene and cannot be identified, victims may seek compensation through their own insurance coverage. As stated by the South Carolina Department of Insurance (SC DOI), drivers in this state are required to carry liability and uninsured motorist coverage with mandatory minimum limits of $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage. Uninsured motorist insurance can cover damages caused by an unidentified driver, including compensation for medical bills, lost wages, vehicle repair or replacement, and pain and suffering.
For hit-and-run accident victims, filing an uninsured motorist claim can be a lifeline. However, insurance companies may attempt to minimize their payouts. An experienced personal injury attorney can help protect your rights.
What Steps Should You Take After a Hit and Run Accident?
While the aftermath of a hit-and-run accident can be disorienting, taking the right steps can impact your ability to recover damages. Do the following if the other driver has fled the scene:
- Seek medical attention: If you or anyone else is injured, call 911. Even if your injuries seem minor, it is important to see a doctor as soon as possible. Some injuries may not be immediately apparent, and a medical evaluation can document your injuries for your claim.
- Report the accident to the police: Hit-and-run accidents must be reported to law enforcement. Provide the police with as much information as possible to help them identify the hit-and-run driver. A police report is essential for insurance claims and future legal action.
- Gather evidence at the scene: Take pictures of the damage to your vehicle, the surrounding area, and any visible injuries. Get contact information for any eyewitnesses to the accident and ask for their accounts of what occurred.
- Notify your insurer: Inform your insurance company of the accident as soon as possible. Be honest and provide details but avoid speculating or admitting fault. If you intend to file an uninsured motorist claim, review your policy carefully to understand the requirements and coverage limits.
- Consult a personal injury attorney: Navigating a hit-and-run case can be challenging, particularly when dealing with insurance companies or pursuing legal action. A seasoned South Carolina car accident lawyer can explain your rights, gather evidence to support your claim and negotiate with insurance companies on your behalf for fair compensation.
Do You Need a Lawyer After a Hit and Run Accident?
If you have been the victim of a hit-and-run accident, our South Carolina personal injury attorneys can make all the difference in your case. We can thoroughly investigate the accident, secure evidence, interview witnesses, and work with law enforcement to identify the hit-and-run driver. We can negotiate skillfully with your insurance company to ensure you receive full compensation under your uninsured motorist coverage. If the at-fault driver is identified, we can file a lawsuit to hold that person accountable and seek punitive damages if warranted.
Beyond legal expertise, our compassionate team at Schiller & Hamilton Law Firm can offer guidance and reassurance in a highly stressful time. We offer a free consultation. Contact us at 803-902-4583 to find out how we can help after a South Carolina hit-and-run accident.
