A hit-and-run crash can cause a specific kind of disorientation. One moment, you’re driving down a familiar road; the next, you’re sitting in a damaged vehicle, watching the car that just hit you disappear around a corner, accelerate down an on-ramp, and vanish into traffic. The pain and the shock are setting in and the person responsible for what just happened to you is already gone. There’s no acknowledgment that they did something that changed your day, and possibly your life, in a matter of seconds. The decisions made in the next few minutes and hours after that moment matter more than most people in that situation realize. South Carolina law provides real options for hit-and-run victims to pursue compensation, even when the driver who caused the crash is never identified. However, these options depend on taking the right steps early on, before evidence disappears and memories fade. This post is for the person sitting in that car right now, trying to figure out what to do next.
Our team at Hughey Law Firm is here whenever you are ready to talk. Call (843) 881-8644 to schedule a free consultation, fill our contact form or connect through live chat to speak with our team. At Hughey Law Firm, we will treat your family’s situation with the gravity and compassion it deserves.
Key Takeaways
- In South Carolina, hit-and-run crashes are criminal offenses, and victims have legal options for pursuing compensation, even when the at-fault driver is never found.
- Uninsured motorist coverage is the primary source of financial recovery for victims of hit-and-run crashes in South Carolina, so understanding your own policy is crucial.
- Steps taken immediately after a hit-and-run crash significantly affect the strength of any subsequent claim. These steps include calling 911, documenting the scene, gathering witness information, and seeking medical care.
- South Carolina law imposes specific requirements on uninsured motorist claims arising from hit-and-run crashes that differ from standard uninsured motorist claims.
- An auto accident attorney can investigate the crash, identify all available sources of compensation, and guide you through the insurance process.
Is a Hit and Run Crash a Crime in South Carolina?
In South Carolina, leaving the scene of a crash is a criminal offense, and the severity of the charge increases with the severity of the resulting harm.
According to South Carolina Code Section 56-5-1210, drivers involved in a crash resulting in injury or death must immediately stop at the scene, provide reasonable assistance to those injured, and give their name, address, vehicle registration information, and insurance details to those affected and law enforcement. Under South Carolina law, a driver who flees the scene after causing injury commits a felony punishable by up to five years in prison and significant fines. A hit-and-run resulting in property damage only carries lesser but still serious criminal penalties.
The criminal nature of the offense matters to victims for several reasons. First, a law enforcement investigation into a hit-and-run crash is an official process that can identify the fleeing driver through surveillance footage, witness accounts, and physical evidence left at the scene. A criminal conviction, or even a criminal charge, against the identified driver creates an official record that carries significant weight in a subsequent civil claim. One of the most important things a victim can do in the first moments after a hit-and-run crash is to call 911, which sets the investigative process in motion.
What Should You Do Immediately After a Hit and Run?
- The actions taken in the minutes following a hit-and-run crash lay the foundation for all subsequent legal and insurance processes:
- Call 911 without delay. In a hit-and-run case, a police report is essential not just as a general record of the crash, but also as a legal requirement for pursuing an uninsured motorist claim in South Carolina. Law enforcement can then begin canvassing for surveillance cameras, interviewing witnesses, and searching for physical evidence from the fleeing vehicle while the evidence is still fresh and the driver may still be nearby.
- Try to capture or recall as much information as possible about the fleeing vehicle. This includes the make, model, color, partial or complete license plate number, direction of travel, and any distinctive features, such as damage, decals, or unusual modifications. Even a partial license plate number or an approximate vehicle description will give law enforcement something to work with. Write these details down immediately or record a voice memo before the information fades.
- Thoroughly document the scene. Photograph your vehicle damage from multiple angles, your vehicle’s position on the road, debris left by the fleeing vehicle, skid marks, and the surrounding area, including traffic signals, intersections, and visible surveillance cameras on nearby businesses or residences. These cameras may have captured the other vehicle, and identifying it quickly before the footage is overwritten can be crucial.
- Identify witnesses. People who saw the crash or the fleeing vehicle are among the most valuable resources in a hit-and-run investigation. Get the names and phone numbers of anyone who stopped or was nearby. Witness accounts that corroborate the crash and provide additional details about the fleeing vehicle can support both the criminal investigation and your insurance claim.
- Seek immediate medical attention, even if you don’t feel injured. The shock response that follows a crash often masks pain, and symptoms of whiplash, concussion, internal injury, and soft tissue damage typically appear hours or days after the collision. Having a medical record from the same day as the crash establishes the connection between the crash and your injuries, which prevents insurance companies from questioning your claim.
How Does Uninsured Motorist Coverage Work in a Hit and Run Case?
In South Carolina, uninsured motorist coverage is the primary legal mechanism through which most victims of hit-and-run accidents recover compensation. Understanding how it works is essential to protecting your rights.
South Carolina law requires all auto insurance policies to include uninsured motorist coverage, unless policyholders explicitly waive it in writing. For victims of hit-and-run crashes, this coverage substitutes for the liability insurance that the fleeing driver would have provided had they stayed at the scene. Your insurance company assumes the role of the at-fault driver’s insurer and becomes responsible for compensating you for your injuries and losses up to the limits of your uninsured motorist policy.
South Carolina law imposes an additional requirement on uninsured motorist claims arising from hit-and-run crashes. According to South Carolina Code Section 38-77-170, a hit-and-run claim requires either physical contact between the fleeing vehicle and the claimant’s vehicle or corroboration of the crash by an independent witness. This requirement exists to prevent fraudulent claims and has practical implications for how victims document and report what happened. For example, a crash in which there was no physical contact (where the victim swerved to avoid a vehicle that cut them off and crashed into a barrier) requires an independent witness to corroborate the claim. A crash involving direct contact between vehicles is easier to establish through vehicle damage and physical evidence.
Underinsured motorist coverage becomes relevant in the less common scenario in which the hit-and-run driver is identified, but their insurance limits are insufficient to cover the full extent of the victim’s damages. An auto accident attorney will evaluate all available coverage across every applicable policy to ensure that no source of recovery is overlooked.
What If the Hit and Run Driver Is Later Identified?
The legal landscape changes significantly when law enforcement identifies the driver who fled the scene, opening up additional avenues for compensation.
A driver who is identified and charged with a crime may also face civil liability through a personal injury claim. The criminal process and the civil claim proceed separately. A criminal conviction isn’t required before a civil claim can be pursued. The lower standard of proof in civil litigation (preponderance of the evidence rather than proof beyond a reasonable doubt) means that a civil claim can succeed even when a criminal case does not.
If the identified driver has liability insurance, it becomes the primary source of recovery for economic and non-economic damages. If their policy limits are insufficient, the victim’s underinsured motorist coverage may provide additional compensation. In cases involving extreme recklessness, for example, if a driver was impaired and fled knowing they caused serious injury, punitive damages may also be available in the civil claim.
If the identified driver has no insurance or significant personal assets, the practical path to recovery runs primarily through the victim’s uninsured motorist coverage. An auto accident attorney can evaluate all available options for recovery, regardless of whether the at-fault driver is ever found.
What Compensation May Be Available to Hit and Run Victims?
In South Carolina, hit-and-run victims may pursue the same categories of compensation available in any serious vehicle crash claim, subject to the limits and conditions of available insurance coverage.
Recoverable expenses include both those already incurred and those anticipated in the future. This includes emergency treatment, hospitalization, diagnostic imaging, specialist care, physical therapy, and any long-term care needs related to the crash injuries. Future medical costs require careful expert assessment, particularly for injuries with extended recovery timelines or permanent consequences.
Lost income covers wages and earnings missed during recovery. Lost earning capacity addresses the long-term economic impact on victims whose injuries permanently affect their professional lives. Someone who cannot return to their previous job due to injuries sustained in a hit-and-run crash on I-526 or the Ravenel Bridge has suffered an economic loss that extends far beyond the initial recovery period.
Pain and suffering, emotional distress, and loss of enjoyment of life are recoverable as non-economic damages. The psychological impact of a hit-and-run crash is often more significant than that of a standard crash because of the element of abandonment. A victim who watches the person who hurt them drive away without stopping experiences a specific form of trauma that compounds the physical injuries sustained in the crash. South Carolina courts recognize these dimensions of harm as legitimate and compensable.
Property damage to the vehicle and any personal property inside it’s also recoverable, depending on the applicable coverage limits and deductibles of the specific policy.
Past results do not guarantee future outcomes.
Contact Hughey Law Firm now for more information
A driver who causes a crash and keeps going chooses in that moment to prioritize their own interests over yours. This choice is criminal and cowardly. Under South Carolina law, it doesn’t eliminate your right to compensation for what they did to you. Whether the driver is eventually found or never identified, Hughey Law Firm will investigate every possible lead, explore all avenues of coverage, and fight to ensure that you are not left to bear the financial and physical consequences of someone else’s decision to flee the scene. We have recovered over $325 million in verdicts and settlements for injured people in Charleston, Mt. Pleasant, North Charleston, Summerville, and throughout South Carolina. We bring the same commitment to every client.
We’re here to stay. Call (843) 881-8644 for a free consultation, fill out our contact form, or connect with our team through live chat.
Frequently Asked Questions
What if the hit-and-run driver is never identified?
Your uninsured motorist coverage remains available, even if the at-fault driver is never identified. South Carolina law requires physical contact, but assuming this requirement is met, the failure to identify the fleeing driver does not eliminate your right to pursue compensation through your own policy. An auto accident attorney can guide you through the uninsured motorist claims process and ensure you receive the full coverage to which you are entitled under your policy.
Will filing an uninsured motorist claim after a hit-and-run raise my insurance rates?
South Carolina law prohibits insurers from raising premiums or canceling coverage solely because a policyholder filed an uninsured motorist claim for a crash that was not their fault. However, the specific terms of your policy and your insurer’s practices are worth discussing with an attorney before filing. The general protection against rate increases for not-at-fault claims exists under state law.
What if a witness saw the crash but did not stop?
A witness who didn’t stop at the scene may still be identified through law enforcement canvassing, surveillance footage of the area, or social media appeals after the crash. An auto accident attorney can help locate witnesses who observed the crash and are willing to provide a corroborating statement about the hit-and-run.
How long do you have to file an uninsured motorist claim after a hit-and-run accident in South Carolina?
The statute of limitations for personal injury claims in South Carolina is usually three years. However, your insurance policy may have shorter filing deadlines that are separate from the legal deadline for filing a lawsuit. It is crucial to review your policy and promptly contact an attorney after a hit-and-run crash to preserve all your options.
What if the crash happened in a parking lot rather than on a public road?
Hit-and-run crashes in parking lots and on private property are handled somewhat differently than those on public roads, but the underlying legal rights and insurance coverage questions are similar. South Carolina law still applies to leaving the scene of a crash involving injury or significant property damage, regardless of where it occurs. An attorney can advise you on how the crash’s specific location affects your claim.
Disclaimer: This blog post is intended for general informational and educational purposes only and does not constitute legal advice. Every case is different. You should not act or refrain from acting on the basis of this content without consulting a licensed attorney. South Carolina statutes referenced reflect the law as understood at the time of publication and are subject to change. The statute of limitations for personal injury claims in South Carolina is generally three years but may vary based on individual circumstances. Past results do not guarantee future outcomes. Hughey Law Firm is located at 171 Church Street, Suite 330, Charleston, SC 29401.
