Frequently Asked Questions About Uninsured and Underinsured Coverage Issues

What happens if the party that caused my injuries does not have any insurance?

The at-fault party is responsible for paying all losses caused by his or her at-fault conduct regardless of whether they are in compliance with laws requiring them to carry mandatory automobile insurance coverage.

However, many times, those at-fault parties do not have resources adequate to recover the losses that are sustained. In that event, it is necessary to file what is called an “uninsured motorist claim” under your own automobile insurance policy or the automobile policy covering the car in which you were a passenger. Uninsured motorist coverage will pay all losses caused by the at-fault party up to the coverage limit of the policy.

What if the at-fault party has insurance but the amount of the insurance is not enough to pay one hundred percent of my losses?

In the State of South Carolina, motorists are required to carry only $15,000 in liability coverage to pay for injuries caused by their at-fault conduct. If the amount of damage caused by the at-fault party exceeds the amount of the at-fault party’s coverage, an underinsured motorist claim should be made against all policies which would apply to the accident. Underinsured motorist coverage is designed to provide payment in the event that an at-fault party’s coverage is insufficient to pay for the damages.

However, the underinsured motorist coverage will pay to the extent of the coverage limit, whether from one underinsured motorist coverage policy or multiple policies, until the losses are fully paid. The Harris Law Firm’s experience is that often the victims of serious accidents can only be fully compensated through aggressive pursuit of all coverages available under all policies. These coverages are often overlooked.