What an uninsured motorist claim actually does
An uninsured motorist claim is a way to recover money from your own insurance company when the other driver has no insurance or leaves the scene. You are not suing the other driver through this claim — you are asking your own insurer to pay you under a part of your policy you already own. This matters because it changes who you negotiate with, what documents you need, and how long the process takes.
In South Carolina, uninsured motorist coverage is optional, but many drivers carry it because the state has a high rate of uninsured drivers. If you have this coverage and the other driver does not, you can file a claim without proving the other driver's identity or tracking them down. Your insurer will investigate the accident, determine fault, and pay you up to your policy limit.
The claim covers medical bills, lost wages, and vehicle damage — the same categories as a liability claim against the other driver. The main difference is speed and certainty: you know your insurer exists and has money, whereas an uninsured driver often does not.
Key Takeaways
- Uninsured motorist claims pay you through your own insurance policy, not through the other driver, so you need your policy documents and a police report showing the other driver had no insurance.
- South Carolina requires you to notify your insurer within a reasonable time after the accident, and most insurers have specific claim forms you must complete.
- Your insurer will investigate the accident and determine fault; if they find you partly at fault, your payout may be reduced by your percentage of fault.
- The claim process typically takes four to eight weeks, but disputes over fault or damages can extend that timeline significantly.
- If your insurer denies the claim or offers less than you believe you deserve, you have the right to pursue the claim further, sometimes with a lawyer's help.
How to report the accident to your insurer
Call your insurance company as soon as possible after the accident — ideally within 24 hours. Have your policy number ready, and tell them you want to file an uninsured motorist claim. The insurer will ask for basic details: the date, time, and location of the accident, what happened, whether anyone was injured, and whether police responded.
Request a claim form in writing (email or mail) so you have a record of what the insurer asks for. Most companies will send you a packet that includes the claim form, a medical records release, and instructions for submitting documents. Do not sign anything you do not understand, and keep copies of everything you send.
If the police responded to the accident, the officer will have created a report. Obtain a copy from the Summerville Police Department or the South Carolina Highway Patrol, depending on where the accident occurred. The report should state whether the other driver had insurance and will be critical evidence for your claim.
What documents your insurer will ask for
Your insurer will need proof of the accident, proof of the other driver's lack of insurance, and proof of your damages. The police report covers the first two. For damages, gather medical records and bills if you were injured, repair estimates or invoices if your vehicle was damaged, and pay stubs or a letter from your employer if you lost wages.
If the other driver was uninsured but you have their name and contact information, provide that to your insurer. If the driver left the scene (a hit-and-run), tell your insurer when ready — this may trigger a separate hit-and-run claim, which has different rules. If you have photos of the accident scene, vehicle damage, or injuries, include those as well.
Your insurer may also ask you to sign a medical records release so they can obtain records directly from your healthcare providers. This is standard and does not prevent you from seeing your own records. If you refuse to sign, the insurer may deny the claim, so understand what you are authorizing before you decline.
How fault is determined in an uninsured motorist claim
Your insurer will investigate the accident to determine who was at fault. They will review the police report, interview you and any witnesses, examine vehicle damage, and sometimes hire an accident reconstructionist if the facts are unclear. This investigation can take two to four weeks.
South Carolina follows a comparative negligence rule, which means you can recover money even if you were partly at fault — but your payout is reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages total $10,000, you would receive $8,000. If you were more than 50 percent at fault, you cannot recover anything.
If your insurer concludes the other driver was at fault, they will offer you a settlement. If they conclude you were partly or fully at fault, they may deny the claim or offer less. You can dispute their finding by providing additional evidence or requesting a review, but the insurer has the final say unless you pursue the claim further with a lawyer.
What happens if your insurer denies the claim
If your insurer denies your uninsured motorist claim, they must provide a written explanation of why. Common reasons include: the other driver actually had insurance (which the insurer discovered), you were more than 50 percent at fault, the accident did not occur in a way that triggers uninsured motorist coverage, or you did not notify the insurer within the required timeframe.
You have the right to dispute the denial. Request a detailed explanation of the insurer's investigation and ask for copies of all documents they reviewed. If you believe they made an error, send a written response with new evidence or a different interpretation of the facts. Some insurers will reconsider; others will not.
If the insurer still refuses to pay and you believe the denial is wrong, you can file a complaint with the South Carolina Department of Insurance or pursue the claim in court with a lawyer. A lawyer can also help you understand whether the denial was reasonable or whether you have grounds to challenge it.
When to involve a lawyer in an uninsured motorist claim
Many uninsured motorist claims are resolved without a lawyer — the insurer investigates, determines fault, and pays. You may want a lawyer if: your injuries are serious and medical bills are high, your insurer denies the claim and you disagree, your insurer offers significantly less than you believe your damages are worth, or the other driver was partly at fault and the insurer is trying to assign you more blame than you think is fair.
A lawyer can review your insurer's investigation, challenge their findings, negotiate a higher settlement, or file a lawsuit if necessary. In South Carolina, lawyers typically work on a contingency fee, meaning they take a percentage of what you recover and charge nothing upfront. This makes it possible to hire a lawyer even if you cannot afford to pay hourly rates.
If you decide to hire a lawyer, do so before you accept a settlement offer from your insurer. Once you sign a release, you cannot pursue the claim further. A lawyer can also advise you on whether the offer is fair and what your claim is actually worth based on your injuries and damages.
Timeline and what to expect at each stage
The uninsured motorist claim process typically unfolds over four to eight weeks, though complex cases take longer. In the first week, you report the accident and submit initial documents. In weeks two through four, your insurer investigates and may request additional information. In weeks five through eight, the insurer makes a information and either offers a settlement or denies the claim.
If you accept a settlement offer, the insurer will send you a release form to sign. Once you sign, the claim is closed and you cannot reopen it. If you dispute the offer or the denial, the timeline extends — disputes can take another four to twelve weeks, and litigation can take months or years.
Throughout the process, stay in contact with your insurer's claims adjuster. Ask for updates every two weeks if you have not heard from them. Keep detailed records of all conversations, including the date, time, and name of the person you spoke with. This documentation can be valuable if you later dispute the insurer's handling of your claim.
Frequently Asked Questions
Do I have to file a police report to claim uninsured motorist coverage?
No, but it is strongly recommended. A police report documents the accident and the other driver's lack of insurance, which makes your claim much easier to prove. If police did not respond, tell your insurer and provide whatever evidence you have — witness statements, photos, or the other driver's contact information.
What if the other driver had insurance but it was expired or lapsed?
In South Carolina, an expired or lapsed policy is treated the same as no insurance. You can file an uninsured motorist claim. Provide your insurer with proof that the other driver's policy was not active at the time of the accident — this is usually shown on the police report or a records check by your insurer.
Can I claim uninsured motorist coverage if I was hit in a parking lot?
Yes, as long as the accident involved another vehicle and you can identify the other driver or vehicle. If the other driver left the scene and you cannot identify them, this is a hit-and-run, which may be covered under a separate hit-and-run provision in your policy. Check your policy or ask your insurer.
What if my insurer and I disagree on how much my damages are worth?
You can request an independent appraisal or hire your own appraiser to assess vehicle damage or medical damages. If you and your insurer cannot agree, you can pursue the claim in court or request mediation. A lawyer can help you understand whether your damages estimate is reasonable and what leverage you have in negotiations.
Does filing an uninsured motorist claim raise my insurance rates?
Not in most cases — uninsured motorist claims are not your fault, so they typically do not trigger a rate increase. However, check your policy or ask your insurer directly, as some companies have different rules. If your rates do increase, you may be able to shop for a new insurer.