What If the Other Driver Doesn't Have Insurance?

Your own policy covers you. South Carolina requires uninsured motorist coverage in every auto policy sold here, so a driver with no insurance does not leave you empty-handed. Watson Fowler handles those claims for Greenville drivers who assumed they had no options.

Where the Money Comes From When the Other Driver Has None

More than one policy usually applies. Sorting out which one pays first changes how much you end up recovering, and four separate sources come up in almost every uninsured driver case handled in Greenville County:

• Uninsured motorist coverage: Your carrier steps into the shoes of the driver who had none.
• Collision coverage: Repairs to your vehicle go through this part of your policy, minus your deductible.
• Medical payments (MedPay) coverage: Optional in South Carolina; it covers treatment bills regardless of fault.
• Health insurance: Your health plan pays providers early. Then, it asserts a lien against any settlement.

Order matters more than people expect. Using collision coverage to get your car fixed does not waive the uninsured motorist claim for your injuries, and your carrier can pursue the at-fault driver afterward to recover what it paid out.

What Does Uninsured Driver Insurance Cover?

Coverage runs to what the uninsured driver legally owed you. The South Carolina Code of Laws puts that requirement in S.C. Code Ann. § 38-77-150, which bars any auto policy from being issued in this state without an uninsured motorist provision.

That same section requires at least $25,000 in uninsured motorist property damage coverage, though a policy may exclude the first $200. Almost nobody hears about the $200 carve-out until a claim comes back short by exactly that amount.

Coverage reaches hit-and-run drivers, too. A vehicle counts as uninsured when the owner or operator is unknown, so an unidentified driver who ran you off Woodruff Road can still produce a claim against your own policy.

Legal Options Beyond an Insurance Claim

Suing the driver stays on the table. A judgment can be worth pursuing when the person has assets, and the practical question is what happens after a Greenville County jury returns a number in your favor:

• Filing suit in the Greenville County Court of Common Pleas, part of the Thirteenth Judicial Circuit
• Recording the judgment against the real property that the driver owns
• Examining the driver’s assets under oath after judgment
• Enforcing the judgment years later if the driver’s finances improve

South Carolina makes that last step harder than most states. Earnings garnishment is generally unavailable for ordinary civil judgments here, which is why a paper judgment against an uninsured driver so often collects nothing, and why the claim against your own carrier carries the case.

Put Your Own Coverage to Work Instead of Absorbing the Loss

Watson Fowler has built long-standing relationships across the Greenville legal community, with judges, prosecutors, fellow attorneys, and above all with the clients who walk in the door. Our attorneys handle uninsured motorist claims against carriers that would rather pay less. Call (864) 467-0380 or[ contact us online, and we will read your policy with you.