17. What is uninsured motorist (UM) coverage in South Carolina?

Your UM coverage may provide compensation if you are hit by a driver with no insurance or in a hit-and-run. South Carolina requires certain UM coverage in auto policies.

17.1 Does UM cover hit-and-run accidents?

It often does, but the policy may require prompt reporting and proof that the crash occurred.

17.2 Will a UM claim raise my insurance rates?

It depends on the insurer and circumstances. UM claims are not the same as at-fault claims, but insurers evaluate risk differently.

17.3 Does UM cover property damage?

Depending on your policy, property damage may be covered under collision coverage or UM property damage coverage.

18. What is underinsured motorist (UIM) coverage?

UIM coverage may apply when the at-fault driver’s insurance is insufficient to cover your damages. This coverage can be crucial in serious injury claims.

18.1 When does UIM coverage apply?

UIM may apply after the at-fault driver’s liability limits are exhausted and your damages still exceed those limits.

18.2 Is UIM required in South Carolina?

UIM is generally optional. Whether you have it depends on your policy selections.

18.3 Can I pursue UIM if the other driver denies fault?

Yes, but you must still prove liability and damages.

19. What if I was injured in a hit-and-run accident?

You should report the accident immediately and seek medical care. You may be able to pursue compensation through your own UM coverage even if the driver is never identified.

19.1 What evidence helps prove a hit-and-run case?

Police reports, witness statements, dashcam footage, surveillance video, and photos can be important.

19.2 What if I didn’t get the license plate?

You may still have a claim if you can prove the crash happened and you meet your UM policy requirements.

19.3 What if the driver is later identified?

You may then pursue a claim against that driver’s insurance, if coverage exists.

20. What should I say to the insurance adjuster?

Be polite, but careful. Avoid speculation, self-critism and do not minimize your injuries. It is often best to avoid recorded statements until you speak with an attorney.

20.1 Should I describe my injuries immediately?

You can describe symptoms, but avoid guessing long-term outcomes. Many injuries worsen over time.

20.2 What topics should I avoid?

Avoid statements about fault, speed, distraction, alcohol, or prior injuries unless you have legal guidance.

20.3 Can adjusters use my words against me?

Yes. Adjusters document statements and may use them later to dispute liability or damages.

21. Should I give a recorded statement to the insurance company?

You should not provide a recorded statement without understanding the legal risks. Recorded statements can be used to dispute fault or reduce your compensation. A lawyer can help handle communications.

21.1 Do I have to give a recorded statement to the other driver’s insurer?

Generally no. You are not obligated to provide a recorded statement to the at-fault insurer.

21.2 What about my own insurance company?

Your policy may require cooperation, but that does not always mean you must give a recorded statement immediately.

21.3 What is a safer alternative?

Often a written statement or providing basic accident details through counsel is safer than an unstructured recorded interview.

22. What medical treatment should I get after an accident?

You should follow medical advice and seek appropriate treatment promptly. Delaying treatment can affect both your health and your injury claim.

22.1 Should I go to the ER or urgent care?

Severe symptoms may require emergency evaluation. Minor symptoms may be treated at urgent care, but follow-up may still be needed.

22.2 Why does following medical advice matter?

It creates documentation and helps prove your injury was serious enough to require treatment.

22.3 What if I can’t afford medical care?

Depending on your situation, options may include health insurance, med pay coverage, payment plans, or other arrangements.

23. What if I didn’t go to the doctor right away?

You may still have a valid case, but delays can make it harder to prove your injuries were caused by the accident. Documentation and consistent treatment are important.

23.1 How does delayed treatment hurt a case?

Insurers may argue the injury came from something else and/or was not serious.

23.2 What if symptoms started later?

Some injuries take time to show. The best step is to seek medical care promptly once symptoms appear.

23.3 How can I explain the delay?

Medical notes, scheduling issues, work obligations, or worsening symptoms can help explain timing, but documentation matters.

24. Can I recover lost wages after an injury?

Yes. You may be able to recover income you lost due to missed work, and in some cases future lost earning capacity if the injury affects your long-term ability to work.

24.1 What documents prove lost wages?

Pay stubs, employer letters, tax records, and medical restrictions can prove wage loss.

24.2 Can I recover for using vacation or sick time?

Possibly. Paid leave has value, and it may be recoverable depending on the facts of the case.

24.3 What if I’m self-employed?

Self-employed wage loss may be supported with tax returns, invoices, bank statements, and business records.

25. What if my injury affects my ability to work in the future?

You may be entitled to damages for loss of future earning capacity, depending on the medical evidence and how your injury impacts your ability to perform your job.

25.1 What is loss of earning capacity?

It refers to a reduced ability to earn income in the future due to injury-related limitations.

25.2 Do future wage loss claims require expert testimony?

Often they do, especially in serious injury cases. Experts may include economists and vocational specialists.

25.3 What if I can work but at lower pay?

That may support a future wage loss claim if the injury forced you into a lower-paying role.

26. What is a demand letter in a personal injury case?

A demand letter is typically sent to the insurance company outlining the liability of its insured person or entity as well as documenting your  injuries, treatment, and damages concluding with a demand for a specific settlement amount.

26.1 What is included in a demand package?

Medical records, bills, proof of lost wages, accident evidence, photos, and a written summary of damages.

26.2 When should a demand be sent?

Often after treatment stabilizes or doctors provide a clear prognosis.

26.3 Does a demand letter guarantee settlement?

No. It begins negotiation, but the insurer may counter, deny, or request more evidence.

27. How do lawyers prove fault in a personal injury case?

Fault may be proven through police reports, medical records, witness statements, photographs, surveillance footage, accident reconstruction, and other evidence.

27.1 What if the police report is incorrect?

Police reports can be challenged. Other evidence such as video and witnesses may outweigh the report.

27.2 How is fault proven in slip-and-fall cases?

The injured person must generally prove the property owner had actual or constructive notice of the hazard and failed to correct the condition or provide adequate warning.

27.3 When are experts used?

Experts may be used for accident reconstruction, medical causation, or safety analysis, especially in high-value cases.

28. What evidence should I save for my injury case?

You should save medical records, receipts, photos of injuries, repair estimates, correspondence with insurers, and any evidence from the accident scene.

28.1 Should I keep damaged items like clothing or helmets?

Yes. Physical evidence may help prove impact severity and injury mechanism.

28.2 How long is surveillance footage usually kept?

It varies, but some businesses overwrite video within days. Prompt preservation requests are important.

28.3 What is spoliation of evidence?

Spoliation refers to destruction or loss of evidence. Preserving evidence early can prevent disputes and enhance the claim.

29. Can social media hurt my personal injury case?

Yes. Insurance companies may review your social media posts. Photos or comments can be misinterpreted and used to challenge the seriousness of your injuries.

29.1 Should I delete old posts?

Deleting posts can create legal issues. It is usually better to stop posting and adjust privacy settings.

29.2 Can private accounts still be discovered?

Yes, depending on the case and court rulings. Private posts may still become evidence.

29.3 What posts are most dangerous?

Posts showing physical activity, travel, or statements downplaying injuries are often used to challenge damages.

30. How do attorney fees work in a South Carolina personal injury case?

Most personal injury lawyers work on a contingency fee, meaning you pay no attorney fee unless the case is successfully resolved through settlement or trial. The contingency fee percentage and responsibility for litigation costs should be clearly explained in a written fee agreement.

30.1 What is the difference between fees and costs?

Fees pay the attorney and paralegals for legal work. Costs are litigation expenses for your case like filing fees, medical records, experts, and depositions.

30.2 Do I owe money if I lose?

It depends on the contract. Many firms do not charge attorney fees if there is no recovery, but cost terms vary.

30.3 Can I change lawyers mid-case?

Yes, but it can create fee lien issues and should be handled carefully to avoid delays.

31. What is the difference between a personal injury claim and a workers’ compensation claim?

Workers’ compensation typically covers workplace injuries regardless of fault, but does not compensate the worker for pain and suffering. A personal injury claim may allow broader damages but requires proving negligence.

31.1 Can I have both a workers’ comp and third-party claim?

Yes, if someone other than your employer caused the injury, such as another driver or equipment manufacturer, you may be able to pursue claims under both worker’s comp and third-party liability.

31.2 Does workers’ comp pay pain and suffering?

No. Workers’ comp generally pays medical care and partial wage replacement, not non-economic damages.

31.3 What if my employer calls me an independent contractor?

Misclassification disputes are common. Coverage depends on facts such as control, supervision, and job structure.

32. Can I sue my employer if I was injured at work?

Usually, workers’ compensation is the exclusive remedy. However, there may be exceptions, such as injuries caused by a third party or intentional misconduct.

32.1 What are exceptions to workers’ comp exclusivity?

Some exceptions involve intentional harm or claims against third parties rather than the employer.

32.2 Can I sue a co-worker?

In many cases, workers’ comp limits lawsuits against co-workers for negligence, but facts matter.

32.3 What if defective equipment caused the injury?

You may have a third-party claim against the manufacturer or maintenance company while also receiving workers’ comp benefits.

33. What should I bring to a personal injury consultation?

Bring accident reports, photos, insurance information, medical records or discharge paperwork, witness information, and any communication from insurance companies.

33.1 What if I don’t have everything yet?

You can still consult. Bring what you have, and the law firm can often help obtain missing records.

33.2 Should I bring my insurance policies?

Yes. Auto policies, health insurance information, and UM/UIM details can affect the case strategy.

33.3 What questions will the lawyer ask me?

You will likely be asked how the accident happened, where you treated, whether you missed work, whether you gave statements, whether you had prior injuries, and how the injuries effected your personal life.