Car accidents happen. A driver makes a mistake and hits another person’s vehicle, the police are called, medical care is administered if necessary, and insurance information is exchanged. While unfortunate and inconvenient, most times car accidents follow a predictable procedure, and the insurance company of the at fault party will cover the damage. But what happens if you’re driving down a dark road and a pair of headlights bears down on you, hits you and then leaves the scene of the accident without stopping? What if you have injuries, medical bills and damage to your car but have no way of knowing who caused your accident?
These situations are known as collisions with unknown drivers, and it can be difficult to collect what is owed to you under your insurance policy. The good news for the victim of such an accident is that it is possible for them to collect under uninsured motorist coverage. This type of coverage is statutorily required in South Carolina, and anyone who is insured has this coverage available. See S.C. Code Ann.§ 38-77-150. The bad news is that concerns regarding fraud have led South Carolina lawmakers to enact specific provisions as to when a person is able to make a claim on their uninsured motorist coverage for an unknown driver. Unless the victim has complied with the law, the driver’s coverage will be denied. For this reason it I essential that you get legal representation if you find yourself in this situation.
S.C. Code Ann. § 38-77-170 states
The second requirement is the most complicated and involves proving that an accident with an unknown driver actually occurred. The law states that “the injury or damage [must be] caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle; provided however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit[.]” S.C. Code Ann. § 38-77-170(2). What this means is that you need proof that the accident occurred. The simplest way to prove this is evidence of contact between the victim’s car and the unknown driver’s car, which is commonly referred to as “trading paint.”
If no contact occurred however, as in our earlier example where an unknown car forces another off the road, then there must be a witness willing to sign an affidavit explaining what happened. This requirement can become complicated, as the witness cannot be the driver or owner of the vehicle making the claim. This means that if your friend is driving your car and you are in the passengers seat when an accident occurs, neither one of you may write a satisfactory affidavit regarding the accident. In this case, you are the owner of the vehicle and your friend was the driver of the vehicle, therefore you are both disqualified by the law from writing an affidavit. Unless you are able to find someone else who witnessed the accident, you would not be covered by your uninsured motorist coverage. Should you find yourself in this situation, it is important to keep in mind who will be the witness. If nobody in the car is eligible, it is a good idea to see if anyone nearby saw the accident occur and would be willing to make a statement on your behalf.
The third and final requirement is that “the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident.” This essentially means that you can’t make a claim for an unknown driver if there is no reason the driver should have been unknown. If you are in a car accident with someone and they identify themselves to you, the driver is no longer unknown. Therefore, a claim for an accident with an unknown driver is no longer appropriate.
If you are in an accident caused by an unknown driver and comply with these three requirements, you will be able to successfully file a claim with your insurance company. Insurance companies don’t always pay as they should, however, and sometimes you will have to fight with the insurance company in order to prove that you are eligible to make an uninsured motorist claim.
If you or anyone you know has ever been in a car accident and needs assistance or is struggling with their insurance company, contact Gruenloh Law at (843) 577-0027 and set up your free consultation.