Being the victim of a hit and run accident is one of the most frustrating experiences you can face on the road. You’re injured, your vehicle is damaged, and the person responsible has fled the scene. You’re left wondering who will pay for your medical bills, lost wages, and vehicle repairs. If you’ve been hurt in a hit and run accident in Florence, Murrells Inlet, or anywhere in South Carolina, understanding your legal options is critical.
At Swilley Law Firm, LLC, our Florence car accident lawyers help injured people navigate the complex process of recovering compensation after hit and run accidents. While these cases present unique challenges, South Carolina law provides pathways to hold fleeing drivers accountable and recover the compensation you deserve. Call 843-250-3632 today for a free consultation. We work on a contingency fee basis, which means no fee unless we win.
What Constitutes a Hit and Run Accident in South Carolina
Under South Carolina law, a hit and run (also called “leaving the scene of an accident”) occurs when a driver involved in a collision fails to stop and fulfill their legal obligations. According to S.C. Code § 56-5-1210, drivers must immediately stop at the scene of any accident resulting in injury or death. They must also provide their contact information, render reasonable assistance to anyone injured, and report the accident to law enforcement.
When a driver flees without doing these things, they’ve committed a criminal offense. The severity of the charge depends on the circumstances. Leaving the scene of an accident that causes only property damage is a misdemeanor punishable by up to one year in jail and fines up to $5,000. If the accident causes injury, the penalties increase significantly, with potential imprisonment ranging from 30 days to 10 years and fines between $5,000 and $10,000. If the hit and run results in death, the driver faces felony charges with sentences of one to 25 years and fines up to $25,000.
Common reasons drivers flee the scene include driving under the influence, driving without insurance, having an outstanding warrant, or simply panicking in the moment. Regardless of why they left, victims still have the right to pursue compensation for their injuries.
Your Legal Options After a Hit and Run Accident
When the driver who hit you can’t be identified or has fled the scene, you have several options for recovering compensation:
Filing an Uninsured Motorist Claim
South Carolina law requires all drivers to carry uninsured motorist (UM) coverage at the same minimum levels as liability insurance: $25,000 per person for bodily injury, $50,000 per accident for all injuries, and $25,000 for property damage. This coverage protects you when you’re hit by an uninsured driver or when the at-fault driver is unknown, as in hit and run cases.
To recover under your uninsured motorist coverage for a hit and run, you must meet specific requirements under S.C. Code § 38-77-170:
First, you or someone acting on your behalf must report the accident to the police within a reasonable time after it happens. This police report is critical to your claim.
Second, one of three conditions must be met. Either the unknown vehicle made physical contact with your vehicle, or the accident was witnessed by someone other than you or anyone in your vehicle (and that witness must sign an affidavit), or you can provide a recording of the accident.
Third, you must show that you weren’t negligent in trying to identify the fleeing driver. This means you should make reasonable efforts to note the license plate, vehicle description, or any other identifying information about the driver or vehicle.
Most UM claims in South Carolina come with a $200 deductible. Your insurance company should handle your claim, but insurance companies often try to minimize payouts or dispute claims. Don’t accept a low settlement offer without consulting an attorney who handles hit and run accident lawsuits.
Filing a Lawsuit Against the Fleeing Driver
If police identify the hit and run driver, you can file a personal injury lawsuit directly against them. This allows you to pursue full compensation for all your damages, including medical expenses, lost wages, pain and suffering, and property damage.
Even if the driver lacks insurance or financial resources, a court judgment can authorize payment plans, wage garnishment, or liens on their property to ensure you receive the compensation you’re entitled to. While collecting from an uninsured defendant can be challenging, it’s not impossible.
John Doe Lawsuits
In some hit and run cases where the driver remains unknown, you may need to file what’s called a John Doe lawsuit. This is a lawsuit against an unknown defendant. Your insurance company would defend the case on behalf of the phantom driver. This type of lawsuit is sometimes necessary when your insurance company disputes your uninsured motorist claim.
Critical Steps to Take Immediately After a Hit and Run
The actions you take right after a hit and run accident can significantly impact your ability to recover compensation. Here’s what you should do:
Call 911 immediately. Report the accident to the police even if the other driver has fled. The police report creates an official record of the incident and is required for your uninsured motorist claim.
Gather evidence while it’s fresh. If you’re able, write down everything you remember about the other vehicle: color, make, model, license plate number (even partial), distinguishing features, and the direction they fled. Take photos of the accident scene, your injuries, and all vehicle damage.
Look for witnesses. Get the names and contact information of anyone who saw the accident. Witness testimony can be crucial for meeting the requirements of S.C. Code § 38-77-170 if the fleeing vehicle didn’t make direct contact with yours.
Seek immediate medical attention. Even if you feel fine, see a doctor the same day. Some injuries like whiplash, concussions, and internal bleeding don’t show symptoms immediately. Insurance companies will use any delay in treatment against you, arguing that if you were really injured, you would have sought care right away.
Document everything. Keep all medical records, bills, repair estimates, and receipts related to the accident. Track your lost wages and how your injuries have affected your daily life.
Notify your insurance company. Report the hit and run to your insurer promptly, but don’t give a recorded statement or accept any settlement offer without speaking to an attorney first.
Don’t wait to call a lawyer. The sooner we can start investigating your case, the better. Evidence disappears, witnesses’ memories fade, and critical deadlines approach. Call Swilley Law Firm, LLC at 843-250-3632 as soon as possible after your accident.
What Compensation Can You Recover in a Hit and Run Accident Lawsuit
If you’ve been injured in a hit and run accident in South Carolina, you may be entitled to several types of compensation:
Economic damages cover your financial losses. This includes all medical expenses (emergency room, hospital stays, surgery, medication, physical therapy, future medical care), lost wages from the time you couldn’t work, loss of earning capacity if your injuries prevent you from returning to your previous job, and property damage to your vehicle and any personal items damaged in the crash.
Non-economic damages compensate you for the physical and emotional toll of your injuries. This includes pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability.
The total value of your case depends on the severity of your injuries, the impact on your life, the available insurance coverage, and the strength of the evidence. While we can’t guarantee any specific outcome, we can thoroughly evaluate your case and fight for the maximum compensation available under South Carolina law.
Challenges Unique to Hit and Run Accident Lawsuits
Hit and run cases present several challenges that other personal injury cases don’t face:
Identifying the fleeing driver. Without a license plate or a clear description, finding the responsible party can be extremely difficult. Law enforcement resources are limited, and many hit and run drivers are never identified.
Meeting insurance requirements. S.C. Code § 38-77-170 sets strict requirements for uninsured motorist claims involving unknown drivers. If you don’t meet these requirements, your claim may be denied.
Insurance company disputes. Insurance companies often fight hit and run claims more aggressively than standard claims. They may argue you didn’t report quickly enough, question whether contact was made, or dispute the extent of your injuries.
Collecting compensation. Even if you win a judgment against an identified hit and run driver, collecting can be difficult if they lack insurance or assets.
Comparative negligence. South Carolina follows a modified comparative negligence rule with a 50% bar. If you’re found 51% or more at fault for the accident, you can’t recover any compensation. Insurance companies may try to shift blame onto you, especially in hit and run cases where the other driver isn’t available to give their side of the story.
These challenges make it critical to have an attorney who understands South Carolina hit and run laws and knows how to build strong cases that overcome insurance company resistance.
How Swilley Law Firm, LLC Can Help With Your Hit and Run Case
At Swilley Law Firm, LLC, we understand the frustration and stress of being injured by a driver who fled the scene. We handle every aspect of your case so you can focus on healing:
We conduct thorough investigations to identify the fleeing driver when possible, working with law enforcement and reviewing traffic cameras, surveillance footage, and witness statements. We gather all necessary evidence to meet South Carolina’s strict requirements for uninsured motorist claims, including obtaining witness affidavits and documenting physical contact. We deal with your insurance company on your behalf, fighting their attempts to minimize or deny your claim. We calculate the full value of your damages, including future medical care and long-term impacts of your injuries. We handle all negotiations and litigation to pursue maximum compensation.
Your consultation is completely free, and you don’t pay us anything unless we recover compensation for you. We serve clients throughout South Carolina from our offices in Florence and Murrells Inlet.
Don’t Miss Critical Deadlines
South Carolina law generally gives you three years from the date of the accident to file a personal injury lawsuit under the statute of limitations. While three years may sound like a long time, evidence disappears, and witnesses become harder to locate as time passes. Your uninsured motorist policy may also have much shorter deadlines for reporting claims, sometimes as little as 30 days.
Don’t wait. Call Swilley Law Firm, LLC at 843-250-3632 today to protect your rights and your case.
Frequently Asked Questions About Hit and Run Accident Lawsuits in South Carolina
What if I didn’t get the license plate number of the fleeing driver?
You can still pursue compensation through your uninsured motorist coverage. Under S.C. Code § 38-77-170, if the fleeing vehicle made physical contact with your car, you don’t necessarily need to identify the driver. If there was no contact, you’ll need a witness who can sign an affidavit about what happened. The key is to gather as much information as possible at the scene and report to the police immediately.
Will my insurance rates go up if I file an uninsured motorist claim?
Generally, filing an uninsured motorist claim for a hit and run accident that wasn’t your fault should not increase your insurance rates. However, insurance practices vary by company. You should review your policy and consult with an attorney before making decisions based on fear of rate increases. Your health and financial recovery are too important to sacrifice over potential rate changes.
What if the police can’t find the driver who hit me?
If police can’t identify the fleeing driver, you’ll rely on your uninsured motorist coverage to recover compensation. This is why South Carolina requires all drivers to carry UM coverage. While it’s frustrating that the responsible party may escape criminal punishment, you can still get the medical treatment you need and be compensated for your injuries through your own insurance policy.
How much does it cost to hire Swilley Law Firm, LLC for a hit and run case?
We work on a contingency fee basis, which means you don’t pay any attorney fees unless we recover compensation for you. Your initial consultation is completely free, and there’s no obligation to hire us. We only get paid if you get paid, so you can pursue your case without worrying about upfront legal costs.
Can I still recover compensation if I was partially at fault?
South Carolina follows a modified comparative negligence rule. As long as you’re less than 51% at fault, you can still recover compensation, though your award will be reduced by your percentage of fault. If you’re 51% or more at fault, you can’t recover anything. This is why having an attorney who knows how to defend against fault arguments is critical in hit and run cases.
What’s the difference between uninsured and underinsured motorist coverage?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all or can’t be identified, as in hit and run cases. Underinsured motorist (UIM) coverage applies when the at-fault driver has some insurance, but not enough to cover all your damages. While UM coverage is required in South Carolina, UIM coverage is optional but highly recommended.
How long do I have to report a hit and run to my insurance company?
You should report the accident to your insurance company as soon as possible. While policies vary, some insurance companies only accept uninsured motorist claims filed within 30 days of the accident. Check your policy immediately and contact your insurer promptly to avoid missing important deadlines. However, don’t give a recorded statement or accept any settlement without consulting an attorney first.
Contact Swilley Law Firm, LLC for Help With Your Hit and Run Accident Lawsuit
Hit and run accidents are complicated, and insurance companies know it. They’re counting on you not knowing South Carolina’s strict requirements for uninsured motorist claims, not understanding your rights, and accepting less than you deserve.
You don’t have to face this alone. Swilley Law Firm has handled numerous personal injury cases throughout South Carolina and understands the complexities of hit and run accident lawsuits. We know how to meet the requirements of S.C. Code § 38-77-170, overcome insurance company resistance, and fight for the compensation our clients deserve.
Call 843-250-3632 now for a free consultation. We serve clients in Florence, Murrells Inlet, and throughout South Carolina. Your consultation is completely free, and you don’t pay us unless we win your case. Don’t wait to protect your rights.
