To recover compensation in a hit-and-run accident case in Rock Hill, you must establish the other driver’s negligence and, if possible, identify the at-fault driver. Unlike other car accidents where both drivers remain at the scene, hit-and-run cases depend heavily on evidence such as police reports, surveillance footage, and witness testimonies.
If the at-fault driver cannot be located, recovering compensation may involve filing a claim under your uninsured motorist (UM) coverage. South Carolina law requires all drivers to carry UM coverage, offering a safety net for victims of hit-and-run accidents.
South Carolina operates under a modified comparative negligence rule, which means you can recover compensation as long as you are less than 51% at fault for the accident.
However, your compensation will be reduced based on your percentage of fault. This highlights the importance of building a strong case and countering any attempts to assign blame to you.
This guide provides an in-depth look at hit-and-run accidents, including the legal implications in South Carolina, steps to take after an accident, and how an experienced attorney can help you navigate protecting your rights.
Why You Should Act Quickly to Hire a Lawyer for Hit-and-Run Cases
These cases depend on timely action to preserve evidence and identify the at-fault driver. Hiring a hit-and-run accident lawyer in Rock Hill promptly ensures your rights are protected and compensation maximized.
An experienced attorney can:
- Gather Evidence: Collect critical evidence such as police reports, surveillance footage, and witness statements to support your case.
- Handle Insurance Companies: Insurers may try to deny or minimize your claim, even under UM coverage. A lawyer will advocate for your rights and ensure you receive fair compensation.
- Maximize Compensation Through Coverage Options: Review your insurance policy to identify all potential sources of compensation, including stacking UM/UIM coverage from multiple policies or vehicles.
South Carolina’s modified comparative negligence rule adds another layer of complexity to these cases. Insurance companies may argue that you share a percentage of fault for the accident, which could reduce or jeopardize your compensation.
A skilled attorney will counter these claims by building a strong case supported by evidence, ensuring the focus remains on the at-fault driver’s negligence.
Compensation Available for Hit-and-Run Victims in Rock Hill
If you’ve been involved in a hit-and-run accident, you may be entitled to compensation for the following:
- Medical Expenses: Immediate costs like emergency care and hospital stays, as well as long-term treatments such as surgeries, physical therapy, and medications.
- Lost Wages: Compensation for missed work due to recovery, including lost earnings, promotions, or reduced earning capacity if your injuries impact your ability to work in the future.
- Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life, such as anxiety or depression resulting from the accident.
- Property Damage: Reimbursement for repairs or replacement costs for your vehicle and other damaged personal property.
If the hit-and-run driver is identified and they have liability insurance, their insurance policy should cover the damages you sustained in the accident. This includes compensation for your medical expenses, lost wages, property damage, and pain and suffering. In these cases, their insurance company becomes responsible for handling your claim, and you may pursue compensation directly from their policy limits.
However, if the at-fault driver remains unidentified or is uninsured, South Carolina law requires all drivers to carry uninsured motorist (UM) coverage as part of their auto insurance policy. UM coverage is designed to act as a safety net, providing compensation as if it were the at-fault driver’s insurance.
This means that your own insurance company will step in to cover your damages, such as medical bills, lost wages, and property damage, up to the limits of your UM policy.
What Is Stacking in South Carolina?
South Carolina allows stacking of UM (uninsured motorist) and UIM (underinsured motorist) coverage. Stacking means you can combine the coverage limits of multiple vehicles or policies under your name to increase the total amount of compensation available to you. This can make a significant difference in cases where damages exceed the limits of a single policy.
Here’s how stacking works:
- Within a Single Policy: If you have multiple vehicles insured under the same policy, you can combine the UM/UIM limits for each vehicle. For example, if you have two cars with $25,000 UM coverage each, you could stack them to access up to $50,000 in coverage.
- Across Multiple Policies: If you have separate auto insurance policies for different vehicles, you may combine the UM/UIM limits from each policy.
Why Stacking Matters
Stacking is particularly valuable in severe accidents where the costs of medical treatment, lost income, and other damages can be substantial. It ensures that you have access to the maximum financial recovery possible, even when the hit-and-run driver remains unidentified or lacks sufficient coverage.
For example:
- If your medical bills amount to $40,000 and your single UM policy limit is $25,000, stacking additional coverage from other vehicles or policies could provide the remaining $15,000.
- In cases involving extensive injuries or property damage, stacking can prevent you from having to pay out-of-pocket for expenses that exceed a single policy’s limits.
How an Attorney Can Help with Stacking
Insurance companies may not inform you of your right to stack policies or may attempt to limit the amount you can recover. An attorney will:
- Review your insurance policies to identify all available coverage options.
- Ensure that stacking provisions are applied correctly to maximize your compensation.
- Negotiate with insurers to prevent delays or unfair denials.
By utilizing UM coverage and stacking, you can significantly increase the financial support available after a hit-and-run accident, helping to cover your expenses and ease the burden of recovery.
Understanding South Carolina Hit-and-Run Laws
In South Carolina, a hit-and-run occurs when a driver involved in an accident leaves the scene without fulfilling legal obligations such as exchanging information, rendering aid, or notifying law enforcement. The consequences for hit-and-run drivers in South Carolina are severe and may include criminal charges, license suspension, and civil liability.
Proving fault in a hit-and-run case requires demonstrating that the accident occurred, identifying the at-fault driver, and showing that they knowingly fled the scene. Key evidence, including police reports, medical records, and witness statements, is essential in building a strong case.
South Carolina’s modified comparative negligence system makes it essential to disprove any claims that you share fault for the accident. An attorney can address these claims and guide you through uninsured/underinsured motorist (UM/UIM) claims.
How Auger and Auger Can Help Hit-and-Run Victims
At Auger and Auger, we understand the challenges hit-and-run victims face and are committed to helping you secure the compensation you deserve. Our team offers:
- Thorough Investigations: We work to gather all available evidence, including surveillance footage and witness statements, to strengthen your case.
- Comprehensive Coverage Analysis: We explore all potential sources of compensation, including stacking UM/UIM policies to maximize your financial recovery.
- Skilled Negotiation: We handle communication and negotiations with insurance companies, ensuring they fairly assess your claim and avoid lowball offers.
- Legal Expertise: From filing paperwork to representing you in court, we manage every aspect of your case, allowing you to focus on recovery.
With over 30 years of experience serving Rock Hill and the surrounding areas, we have the resources and expertise to navigate hit-and-run cases and hold negligent drivers accountable.
Contact Auger and Auger Today
Hit-and-run accidents can leave victims feeling overwhelmed and uncertain about their next steps. At Auger and Auger, we are here to help.
- Free Consultation: We offer a no-obligation consultation to review your case and outline your legal options.
- Zero Fee Guarantee: You pay nothing unless we win your case, ensuring you have access to high-quality legal representation without financial stress.
Let us guide you through the process of pursuing justice and securing fair compensation. Contact us today and let our experienced team put over 30 years of legal expertise to work for you.
Together, we’ll work to hold negligent drivers accountable and help you move forward with confidence.
