After a serious car accident, you probably expect the insurance of the driver who caused the crash to cover your medical bills, lost wages, and vehicle repairs. But what happens when their policy limits aren’t enough to pay for the full extent of your damages? Unfortunately, this situation is more common than many South Carolina drivers realize.
When accident-related expenses are more than the at-fault driver’s insurance coverage, victims can be left facing major stress over their finances. The good news is that you may still have options. From filing a claim under your own underinsured motorist (UIM) coverage to seeking additional legal action against the person who caused the crash, there are steps you can take to make sure you get the compensation you deserve.
In this blog, the team at Armada Law in Greenville, SC, explains what happens when insurance coverage falls short and what you can do to protect your rights and your recovery.
What Happens When the At-Fault Driver’s Insurance Isn’t Enough to Cover Your Damages?
In South Carolina, the law only requires drivers to carry $25,000 in bodily injury coverage. Unfortunately, medical bills, such as ambulance costs and emergency room trauma, can quickly exceed this state amount, something we see often in our personal injury practice.
When a wreck results in damages greater than the at-fault driver’s policy limits, we actively work to find other paths for recovery.
Investigating Your Own Underinsured Motorist (UIM) Coverage
Although UIM coverage is not required in South Carolina, your insurance agent must offer it to you meaningfully when you purchase your policy.
You may be asking, what is UIM coverage?
Underinsured Motorist (UIM) coverage is important when the at-fault driver’s insurance cannot cover your expenses. Basically, your own insurance company “steps into the shoes” of the at-fault driver and covers your damages, up to the limits you purchased on your policy. Our first priority is to review your policy to see if you have UIM coverage and avoid any delays in your case.
Exploring Potential Third-Party Product Liability Claims
In severe auto accidents where injuries are catastrophic, and insurance coverage isn’t enough, we always consider a third-party products liability claim. As a dedicated personal injury firm, we explore all possible avenues of recovery before settling a client’s case. These claims often focus on any defects in the vehicle’s manufacturing or design.
Red Flags for a Product Liability Claim:
We look for signs that a product defect may have been responsible for the seriousness of the injuries:
- A minor, low-speed collision that results in death or catastrophic injury.
- An accident where one person suffers severe injury or death while everyone else in the vehicle is uninjured.
- The failure of a specific vehicle component, such as a blown or detreaded tire, a roof crush, or a seatback failure.
While these scenarios are common, the outcome is not normal. These outcomes call for a thorough investigation to see if the product manufacturer can be held responsible.
What Are My Options?
When an at-fault driver is underinsured, you file a claim with your own insurance, providing the police report and other evidence. A lawyer will then submit medical expenses and pain and suffering for a settlement. Do not discuss injuries with the insurance company without having a lawyer on your case. Even your own insurance company may challenge your claim, which makes your attorney an important part of your recovery.
Though you can sue the uninsured driver, which South Carolina law requires you to name in the lawsuit, getting your case in front of a judge can be difficult if the responsible driver does not have any assets. However, suing may be worth it if the driver owns property, has a stable income, or was reckless. Your attorney can do an asset check before you decide to file a lawsuit.
Other coverage options for medical costs include Personal Injury Protection (PIP), your own health insurance, or Med Pay, if you have purchased it.
Protecting Your Right to Full Compensation
Finding out that the at-fault driver’s insurance policy isn’t enough to cover your medical bills and other losses can be a lot to deal with. However, limited insurance coverage does not automatically mean you can’t recover what you deserve. Options such as underinsured motorist (UIM) coverage and pursuing a personal claim against the responsible party may help bridge the gap and make sure you are not left paying out of pocket for someone else’s carelessness.
These cases can quickly become complicated, especially when you’re dealing with more than one insurance company and arguments over claims. That’s why it’s important to work with an experienced personal injury attorney who understands South Carolina insurance laws and can fight for the compensation you deserve.
If you’ve been injured in an accident in Greenville, SC, and are concerned that the at-fault driver’s insurance may not be enough, the team at Armada Law is here to help. We can evaluate your case, explain your options, and guide you every step of the way toward securing the financial recovery you need to move forward with confidence.
Disclaimer: This content is for general informational purposes only and does not constitute legal or insurance advice. Laws and insurance coverage vary by policy and situation. Viewing this site or contacting Armada Law does not create an attorney–client relationship. Representation requires a signed written agreement. Past results do not guarantee future outcomes. This site may be considered attorney advertising. Armada Law practices law in South Carolina.
