Most people know that South Carolina requires drivers to carry a minimum of only $25,000.00 in auto liability insurance. So… what happens when your medical bills and expenses from a car accident are more than the coverage available? What if the driver who injured you had no insurance at all?
Unfortunately, these situations are increasingly common. High premiums and other factors are driving an increase in drivers choosing to drive without any insurance. Although SC requires driver to have liability insurance coverage, more than 9 percent of South Carolina drivers are uninsured. This number increases every year and does not include drivers who do not carry sufficient insurance coverage to pay for the injuries they cause.
Fortunately, SC is one of the few states that allow “stacking” of insurance policies. This is a way for injured accident victims to receive the maximum compensation they deserve.
Uninsured And Underinsured Insurance Policies
SC law requires that you purchase uninsured motorist coverage (UM). UM coverage provides you coverage if you are hit by an uninsured at fault driver. In addition, insurance carriers in South Carolina must offer you the option to purchase under insured motorist coverage (UIM). Your own UIM policy would cover you if the at fault driver’s liability policy was not sufficient to cover your losses from a motor vehicle wreck.
How SC Auto Insurance Policies Can Be “Stacked”
Under South Carolina law, both UM and UIM insurance “follow” the driver, not the vehicle. You may be covered by multiple UM or UIM policies that you or your family purchased, and these policies may “follow” you even if some of them were purchased for vehicles not involved in the accident.
If you have UIM insurance for two different cars and you were injured in one of them, you can claim from the UIM policies of both cars, not just the one in the accident. This is in addition to the amount you receive from the at-fault driver’s policy. However, there are limits to “stacking” insurance policies. First, the amount you can claim from each policy cannot exceed the maximum amount of the insurance for the vehicle involved in the accident. Also, you cannot stack both UM and UIM policies at the same time. The at-fault driver in your accident can either be uninsured or underinsured, not both.
Auto insurance stacking rules can be confusing, but once you understand your best options you can get paid the maximum amount of compensation. Don’t hesitate to discuss this with an experienced injury attorney.
If you are injured in a auto accident in South Carolina talk to us about your insurance situation. Call Goff Law Group today at (803) 252-0005.