Can You Pursue a Case After a Hit-and-Run if the Driver Isn’t Found?

Drivers in South Carolina are legally required to stop and exchange information after an accident, but many fail to do so. Thousands of hit-and-run crashes occur across the state each year, leaving victims unsure of their next steps. Our auto accident lawyer in Florence, SC, explains how injured drivers can still pursue compensation even when the at-fault driver is never identified.

Know the Law on Hit-and-Run Accidents in South Carolina

South Carolina has strict rules requiring drivers to stop and help after an accident. Leaving the scene is a criminal offense. Under S.C. Code Ann. § 56-5-1210, any driver involved in a collision that causes injury, death, or property damage must stop, remain at the scene, and exchange identifying information. It is an important law. The failure to comply can result in felony charges if serious injury or death occurs. From a civil perspective, a hit-and-run driver is treated as negligent per se. That means that they have violated a safety statute and can be held responsible for damages.

Your Options for Compensation After a Hit-and-Run Driver is Not Caught

Even if the at-fault driver cannot be located, you are not left without options. As frustrating as it can be to get hit by a driver who flees the scene, a lawyer can help you find the best path forward to secure justice and compensation. Here is a key point to know:

South Carolina law requires that all auto insurance policies include uninsured motorist (UM) coverage. It is mandatory UM coverage, which allows you to file a claim through your own insurance company for medical bills, lost wages, and other damages caused by an unidentified driver.

How does this coverage actually work? Your insurer effectively “stands in the shoes” of the hit-and-run driver. Still, even though you are dealing with your own insurance company, the claims process can be adversarial. Insurance companies are not on your side, and your insurer may seek to minimize your settlement offer.

The Importance of Skilled Legal Representation in Hit-and-Run Claims

Hit-and-run cases are uniquely challenging. Without the other driver identified, victims must rely heavily on their UM coverage, which can involve strict notice requirements and policy limitations. A skilled attorney can ensure your insurer complies with its contractual obligations and that you do not miss critical deadlines. Beyond that, additional avenues for financial recovery may exist, such as a claim against a third party if another motorist’s negligence contributed to the crash.

Call Our Car Accident Attorney Today

At D. Craig Brown, our Florence auto accident attorney has the skills and experience to handle claims involving hit-and-run accidents. Hurt in a hit-and-run crash with a driver who was never caught? We are here to help. Contact us online for a complimentary case review. With an office in Florence, our firm handles hit-and-run cases across the region in South Carolina.