By: Armada Law LLC May 3, 2025

What Happens If You Get Into a Car Accident Without Insurance in South Carolina?

Car Insurance Requirements in South Carolina

Drivers must carry car insurance in South Carolina by at least meeting the minimum coverage requirements for bodily injury liability insurance and property damage. In order to comply with the state’s insurance laws, you must have $25,000 for property damage per accident, $25,000 for bodily injury per person, and a minimum of $50,000 to cover bodily injury per accident.

As a form of added protection in the event of a car accident without insurance, South Carolina also requires drivers to purchase the minimum requirement amounts for uninsured motorist coverage. These requirements for uninsured motorist coverage should include $25,000 for uninsured motorist coverage for property damage per accident, $25,000 for uninsured motorist coverage for bodily injury per person, and $50,000 for uninsured motorist coverage for bodily injury per accident.

Keep in mind that these are only the minimums for insurance coverage required by the law. Many drivers choose these minimums as it keeps their costs low, but it is beneficial to learn about optional insurance coverage for added protection. Comprehensive coverage and auto collision are two such options, and drivers in South Carolina can also protect themselves by increasing the amount of insurance coverage for the required policy types.

Initial Steps After an Accident Without Insurance in South Carolina

In a car accident without insurance in South Carolina, it is vital that you follow the right steps. Whether you knowingly drove without insurance or your insurance lapsed without your realizing it, the steps you will take after a car accident are the same.

Call the Police to Report Your Auto Accident

While driving without insurance is a major issue, you still need to report your car crash to authorities by law if property damage exceeds $1,000, or there are injuries or fatalities. When the responding law enforcement officer arrives, it’s important to be honest if you are driving without insurance. If you did not know your car insurance policy was cancelled until you reported the crash, that is something you’ll have to deal with, though you do not need to admit fault in the accident.

Get Immediate Medical Treatment

If you get into a car accident without insurance, your lack of auto insurance coverage should not interfere with your need for immediate medical care. Your injuries must be treated promptly, and if you don’t see visible injuries, it’s still best to go to the hospital, urgent care, or your own doctor as soon as possible.

Capture Evidence

When wondering what happens if someone hits your vehicle and causes a car accident without insurance or you are the one without car insurance, you still need to get evidence. South Carolina is not a no-fault state, and since it is a fault state for insurance, the driver who caused the car accident will be held responsible. The state’s modified comparative negligence rule may also be a factor, whether you have car insurance or not.

Consult an Attorney About Your Car Accident

Some well-meaning drivers forget to send their payment to the insurance company or don’t realize that their policy has lapsed. If you were in an accident without insurance, or the other driver didn’t have coverage, you need to speak with an attorney to fully understand how the state’s laws may affect your case.

Legal Consequences of Driving Without Insurance

If you don’t have insurance and get pulled over in South Carolina, there are consequences for those actions, whether you did so deliberately or not. For a first offense, you will need to pay an uninsured motorist fee of $600 plus a fine up to $200 or 30 days of jail time. Every day of the lapse in your required coverage will result in a daily fine of $5 up to a maximum of $200. You can also expect the suspension of your driver’s license and vehicle registration for these actions.

After license suspension, you’ll need to pay $200 for the reinstatement fee and file a form along with it. The result will likely mean that your insurer will increase your rates.

If you drive without insurance again, the second offense will require you to pay a $200 fine and serve 30 days of jail time in addition to all the fines, suspensions, and reinstatement requirements of the first offense. For third and subsequent offenses, the length of time served in jail increases to a minimum of 45 days up to 6 months, and you’ll have a misdemeanor on your criminal record.

Before you ever drive a car, make sure you have proof of auto insurance and that it is activated to cover the state mandated minimums to avoid these issues.

Financial Implications and Risks for an Uninsured Driver in South Carolina

Driving without insurance consequences in SC won’t just leave you vulnerable to criminal charges. If you are the at-fault party in the car accident without insurance in SC, then the victims in the crash can sue you to recover their financial losses, including their medical bills, future medical expenses, and other out of pocket expenses. Since financial penalties and imprisonment plus the potential for a lawsuit are the result of operating motor vehicles without being covered under South Carolina insurance requirements, it is best to avoid these actions at all costs.

You may also be wondering, “What happens if I get into an accident with an uninsured driver?” If you are the victim in the car accident and the at-fault driver is an uninsured driver, then you can use the uninsured motorist or underinsured motorist coverage on your policy.

Your insurer would then cover the costs for damage to your vehicle and medical expenses up to your policy limits and pursue reimbursement from the at-fault uninsured driver on your behalf. If the damages you’ve incurred go beyond what the uninsured motorist covers, then you may need to sue the uninsured driver for these costs.

How a South Carolina Car Accident Attorney Can Help

After a car crash, you may not think you need an attorney to help you with the claim. However, there are many valid reasons why you will want to seek legal support, especially if you do not have insurance or the other driver was not insured.

South Carolina Laws

South Carolina’s laws require car insurance for every driver. Along with the potential criminal consequences, you may face legal issues in civil court. Even if you have insurance and the other driver does not, you will also need assistance proving you were not at fault. The modified comparative negligence rule allows you to be up to 50% at fault but you may wind up getting a lower settlement without a legal advocate.

Insurance Company Issues

Insurance companies tend to use these state laws as a way to reduce a settlement or deny the claim completely. Additionally, even if you unintentionally let your policy lapse, they may try to raise your rates. It helps to work with a lawyer to navigate this complicated process.

Time Limits

Like all other states, South Carolina has a statute of limitations as a time limit to file a lawsuit for personal injuries. You have up to three years from the date of the crash, and much of that time will be spent in the hospital treating your serious injuries and going back and forth with your insurer and the other party’s insurer.

By this point, you won’t have much time left to take legal action if you need to do so. When the insurers are falsely blaming you, or insurance issues are plaguing the case, you should speak with a lawyer promptly before you lose your chance to recover your financial losses.

Negotiations

Attempting to negotiate with insurers is a difficult task even when you’re healthy. It can be downright exhausting when you’re trying to negotiate while recovering from painful physical injuries. Insurance adjusters are all well-trained to have a sympathetic demeanor, though it is merely an act to get you to open up. They will likely tell you that you don’t need a lawyer to handle your claim, all while asking you leading questions that can get you in more hot water.

When they make an offer on a settlement, they may tell you that it is the most they can provide. Unfortunately, many drivers who have been in your shoes before just accept the settlement check. It is incredibly problematic as the amount you are given will likely not be enough to cover all your medical expenses, your lost income, or compensate you for any mental anguish you’ve suffered due to the accident.

What to Do About Car Accidents Without Insurance in South Carolina

In short, when any driver gets into a crash in this state without proper liability coverage insurance, it can complicate the process of recovery. South Carolina prosecutes drivers without coverage, so make sure you get in touch with an attorney to discuss your legal options.

100+ Families Helped This Year!