Hit-and-Run Accidents in Charleston: Your Rights When the Driver Flees

What to Do Immediately After a Hit-and-Run

The moments after a hit-and-run accident are critical. Your actions during this time directly affect your ability to recover compensation later.

Call 911 Immediately

Always call the police, even if your injuries seem minor. A police report creates an official record of the hit-and-run. South Carolina law requires you to report the accident promptly to law enforcement to qualify for uninsured motorist coverage in hit-and-run cases.

Without a police report, your insurance company may deny your claim entirely.

Gather Information at the Scene

If you’re physically able, collect as much information as possible: vehicle description (make, model, color, any distinguishing features), license plate (even a partial plate number helps investigators), driver description (any details you noticed), direction of travel (which way the vehicle went after the collision), witnesses (names and contact information for anyone who saw the accident), and surveillance cameras (note nearby businesses or homes with visible cameras).

Document the Scene

Take photos of vehicle damage from multiple angles, the accident location, skid marks or debris, your visible injuries, and traffic signs or signals. This documentation becomes crucial evidence when filing your claim.

Seek Medical Attention

Get examined by a medical professional as soon as possible, even if you don’t feel injured. Some injuries don’t show symptoms immediately. A medical evaluation creates documentation that connects your injuries to the accident.

Delaying medical treatment gives insurance companies grounds to argue your injuries weren’t serious or weren’t caused by the hit-and-run.

Your Uninsured Motorist Coverage

South Carolina law treats hit-and-run accidents the same as accidents involving uninsured drivers. This is where your uninsured motorist coverage becomes essential.

Required Coverage in South Carolina

Every auto insurance policy in South Carolina must include uninsured motorist coverage. The minimum required amounts are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage.

How Uninsured Motorist Coverage Works

When a hit-and-run driver injures you, you file a claim with your own insurance company under your uninsured motorist coverage. Your insurer steps in to cover what the at-fault driver’s insurance would have paid if the driver had stayed at the scene.

Uninsured motorist bodily injury coverage pays for medical expenses, lost wages, pain and suffering, permanent disability or disfigurement, and loss of enjoyment of life. Uninsured motorist property damage coverage pays for vehicle repairs or replacement, subject to a $200 deductible in South Carolina.

The Physical Contact Requirement

South Carolina law requires physical contact between your vehicle and the hit-and-run vehicle for property damage claims. If a driver causes you to swerve and crash without actually hitting your vehicle, uninsured motorist property damage coverage may not apply.

This is why documenting any contact point, no matter how minor, becomes critical.

Stacking Coverage

South Carolina allows stacking of uninsured motorist coverage in certain situations. If you own multiple vehicles with separate policies, you may be able to combine the coverage limits to increase the total amount available for your claim.

For example, if you have two vehicles each with $50,000 in uninsured motorist coverage, stacking could give you access to $100,000 in total coverage for a single accident.

Not all policies allow stacking, and the rules are complex. An experienced attorney can determine whether stacking applies to your situation.

Filing a Hit-and-Run Claim

Filing a claim with your own insurance company after a hit-and-run follows a specific process.

Notify Your Insurance Company Promptly

Report the hit-and-run to your insurer as soon as possible. Most policies require notification within a specific timeframe. Delays can give the insurance company grounds to deny your claim. When you report the accident, provide the police report number, photos and documentation from the scene, witness information, medical records, and any information about the fleeing vehicle.

The Investigation Process

Your insurance company will investigate your claim. They may review the police report, interview you and any witnesses, inspect your vehicle damage, review your medical records, request additional documentation, and check for surveillance footage. The investigation determines whether your claim meets the requirements for uninsured motorist coverage in a hit-and-run case.

Proving Your Case

To recover under uninsured motorist coverage after a hit-and-run, you must prove an accident occurred, another vehicle was involved, physical contact occurred between the vehicles (for property damage claims), you reported the accident to law enforcement promptly, you made reasonable efforts to identify the driver, the other driver was at fault, and your injuries and damages resulted from the accident. This is why documentation at the scene matters so much.

When Your Insurer Denies or Undervalues Your Claim

Insurance companies don’t always act in your best interest. They may deny your claim based on technicalities, argue you didn’t meet reporting requirements, claim your injuries aren’t as severe as you state, offer a settlement far below your actual damages, or question whether physical contact occurred. If your insurer denies your claim or makes a lowball offer, you have the right to challenge that decision. An attorney can negotiate with your insurance company or pursue legal action if necessary.

Failing to Report to Police

Not calling the police immediately is the most damaging mistake. Without a police report, proving the hit-and-run occurred becomes nearly impossible. South Carolina law requires drivers to report any accident resulting in injuries, death, or property damage exceeding $1,000 to local law enforcement within 15 days, though immediate reporting is strongly recommended. Waiting to file a report can jeopardize your insurance claim and any potential legal action.

Delaying Medical Treatment

Waiting days or weeks to see a doctor creates doubt about whether your injuries came from the accident. Insurance companies will argue that the delay proves your injuries weren’t serious or were caused by something else.

Giving Recorded Statements Without Legal Advice

Your insurance company may ask for a recorded statement. Anything you say can be used to minimize or deny your claim. Insurance adjusters are trained to ask questions that may lead you to understate your injuries or accept partial fault.

You have the right to consult an attorney before giving any recorded statement.

Accepting the First Settlement Offer

Insurance companies often make low initial offers hoping you’ll accept quickly. These offers rarely account for the full extent of your damages, especially if you’re still treating for injuries or haven’t calculated all your lost wages.

Once you accept a settlement and sign a release, you cannot reopen the claim if your injuries turn out to be more severe than initially thought.

Not Documenting Everything

Keep detailed records of all medical treatment and expenses, time missed from work, vehicle repair estimates and invoices, communications with your insurance company, and how your injuries affect your daily life. This documentation supports your claim and proves the full extent of your damages.