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Columbia Hit And Run Accident Lawyer

Whether you were involved in a hit-and-run accident or the driver who hit you stopped at the scene only to tell you that he or she was uninsured, you are facing a difficult road to recovery. But you have options. And with the help of an experienced Columbia car crash attorney, you can recover financial compensation for your accident-related losses.

In order to maximize your chances of success, it is important that you speak with an attorney as soon as possible.  Marc Brown represents clients in hit-and-run and uninsured motorist accidents throughout South Carolina.

Why Choose Us as Your Hit and Run Accident Law Firm In Columbia?

Columbia hit and run accident lawyer

All car accidents are traumatic and terrifying, but when the other driver flees the scene, it’s even more devastating, especially when you or a loved one suffered serious injuries, and the other driver doesn’t stop to help. At Marc Brown Law Firm, we understand the deep distress and frustration of a hit-and-run. We bring the following:

  • Experienced Columbia personal injury legal representation throughout your case
  • An attorney working tirelessly to recover the maximum compensation available to you through all legal avenues
  • A personalized strategy by an attorney dedicated to compassionate injury victim advocacy
  • A policy of open-communication so you’re always included and involved in your case

Marc Brown Law Firm offers a free consultation to injury victims and uses contingency-based payment, so you pay nothing until after your attorney recovers compensation for you in your hit-and-run case.

Why Do Some Drivers Hit-and-Run In South Carolina?

There were an alarming 3,514 hit-and-run car accidents in South Carolina in a single recent year. A minority of hit-and-run accidents happen because the driver who flees is in shock, or has a “fight-or-flight” response to a head injury or other trauma. When this is the case, the at-fault driver typically returns to the scene or reports their role in the accident to the police once they’ve recovered from shock. Unfortunately, more often, a driver flees the scene for unlawful reasons, such as the following:

  • They lack auto insurance
  • They don’t have a valid driver’s license
  • They are driving while impaired by alcohol or drugs
  • They have an open container of alcohol in their vehicle
  • They are carrying illegal contraband, such as drugs or guns
  • There is an existing warrant for their arrest on other charges
  • They were engaged in reckless endangerment, such as road rage or reckless driving, when the accident occurred

Leaving the scene of an accident is a violation of South Carolina law under S.C. Code of Laws, Title 56, Section 56-5-1210, which states the following:

“The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible. He then shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. However, he may temporarily leave the scene to report the accident to the proper authorities. The stop must be made without obstructing traffic more than is necessary.”

A conviction for hit-and-run may be a misdemeanor crime or felony, depending on the severity of the injuries.

Types of Hit and Run Crashes In Columbia

In most cases, a hit-and-run driver is the individual responsible for the accident and flees the scene to avoid liability and/or criminal charges. The most common types of hit-and-run accidents in Columbia include the following:

When a driver causes an accident and then leaves the scene, they may still be held liable for an injury victim’s damages once they are apprehended, but often, a hit-and-run driver does not have valid auto insurance. A hit-and-run attorney will examine all legal options to recover compensation.

Filing a Personal Injury Claim With the Hit and Run Driver

If you were unlucky enough to be injured by a hit-and-run driver, though fortunate enough that the hit-and-run driver was caught, your chances of winning a personal injury claim against that party are high. However, they may still deny causing the crash, and their insurance company may try to deny the benefits you are seeking. Because of this, it is always advisable to seek out legal assistance when filing a personal injury claim, or in the event that the hit and run victim was killed, when filing a Columbia wrongful death claim.

Uninsured/Underinsured Motorist Coverage In South Carolina

Fortunately, South Carolina is one of the few states that requires all drivers to carry uninsured/underinsured motorist coverage equal to the state’s minimum liability coverage of $25,000 per person for bodily injury, $50,000 total bodily injury per accident, and $25,000 in property damage coverage.

After an accident caused by a hit-and-run driver, you can file a claim against your uninsured motorist coverage to recover compensation for your losses if the at-fault driver isn’t apprehended or does not have insurance after they are located.

Filing a Personal Injury Claim With Your Own Insurance Company

Most hit-and-run drivers are never found. Sadly, tracking down hit-and-run drivers is not a top priority for law enforcement, particularly if the hit-and-run did not result in death. For the victims of hit-and-run incidents in which no driver is found, coming to terms with the fact that justice was not served is difficult. The realization that they may not be able to collect any compensation for their extensive damages can be just as challenging. However, even if the at-fault hit-and-run driver was never tracked down, you can still file a personal injury claim with your own insurance company under your uninsured/underinsured motorist policy.

Your UM policy allows you to seek compensation for your damages, including pain and suffering, property damage, medical expenses, and everything else you would be able to seek from the at-fault party had they been found by law enforcement. If you go this route, you must keep in mind that your insurance company will not be working for you; they will look to deny your claim and otherwise reduce your benefits, which is why you need to work with an attorney of your own.

How Can You Recover Financial Compensation for a Hit-and-Run or Uninsured Motorist Accident?

When it comes to recovering financial compensation for a hit-and-run or uninsured motorist accident, there are a number of potential options available. These include:

1. Identifying the Hit-And-Run Driver

If you were injured in a hit-and-run accident, you should not write off the possibility of identifying the driver who hit you. There are many different types of evidence that can be used to identify hit-and-run drivers. In many cases, it will be possible to piece together evidence from multiple sources in order to determine who hit you.

With this in mind, you should record any details you can remember about the other vehicle (even a partial license plate number can be helpful), and you should make note of whether anyone witnessed the accident and may be able to provide additional information.

When a Columbia hit and run, and uninsured motorist accident lawyer, our attorneys investigate your case, we will look for traffic camera footage at the car accident scene and any other sources of evidence that may be available as well.

2. Uncovering The Driver’s Insurance Coverage

Sometimes, drivers say they are uninsured because they don’t want to have a claim filed against their policy. If the driver who hit you claimed to be uninsured, one of the first steps Marc will take will be to confirm whether this is really the case. If it isn’t, you can pursue a fault-based insurance claim just as you would under normal circumstances.

3. Filing a Claim With Your Insurance Company

If it isn’t possible to identify the hit-and-run driver or the driver who hit you truly is uninsured, then another option you have is to file a claim with your own auto insurance company. You can file a MedPay claim to help cover your medical expenses. And if you have the coverage, you can file an uninsured motorist (UM or UIM) claim to seek additional compensation. If you have uninsured motorist coverage for more than one vehicle, you may also be able to “stack” your coverage in order to increase your total financial recovery.

While MedPay is no-fault insurance, filing a successful uninsured motorist claim requires evidence of fault. Additionally, while you can simply submit your medical bills to receive reimbursement through MedPay (or at least this should be the case), you will need to prove your immediate and long-term losses in order to secure uninsured motorist coverage. For these reasons, even though you will be dealing with your own insurance company, it is still highly advisable to work with an experienced auto accident attorney.

4. Filing A “Third-Party” Claim

Another option that you may have is to file a “third-party” claim based on someone else’s negligence or a product defect. For example, if a hit-and-run driver forced you off the road where there was no guardrail or an inadequate shoulder, you may be entitled to compensation from the government agency that is responsible for the road. Additionally, if you crashed or were injured as a result of an issue with your car (such as defective brakes or a defective airbag), then you could have a claim against your vehicle’s manufacturer.

What to Do After a Hit and Run Accident In Columbia

A serious car accident can leave you incapacitated or too badly injured or in shock to take purposeful action, but if you or an uninjured companion can safely use a cell phone, taking the following steps can protect your physical and financial future:

  • First, use your phone’s camera to capture a photo of the hit-and-run driver, their car, and their license plate if possible
  • Call 911 to report the accident and describe the make and model of the car and the direction it was heading when the driver left the scene
  • Apply emergency first aid while you wait
  • Go directly to the hospital from the accident scene to document evidence that your injuries occurred in the accident

At the hospital, ask for a full medical evaluation to ensure that the medical team diagnoses every injury, including those with delayed symptoms, such as whiplash and some types of internal injuries. Then, ask for a detailed medical report with your injuries, the treatment recommended for each injury, and your prognosis. The medical report becomes key evidence in your accident case. Be sure to notify your insurance company about the accident within the time-limit defined in your policy and inform them that the accident was a hit-and-run crash. Finally, hire a Columbia hit-and-run accident lawyer before speaking to an insurance adjuster or accepting an early, low-ball settlement.

Common Injuries From South Carolina Hit-and-Run Accidents

An at-fault driver could leave the scene of any accident, including a minor fender-bender, if they don’t have insurance or if they are under an outstanding arrest warrant. Unfortunately, it’s even more common for a hit-and-run driver to leave the scene of a serious accident with severe injuries. Common injuries in hit-and-run car accidents in Colombia include the following:

In the worst cases, a hit-and-run accident can cause fatal injury. If you lost a loved one due to a hit-and-run driver’s actions, a Columbia wrongful death attorney can help.

What Is the Statute of Limitations for Hit-and-Run Accident Claims in South Carolina?

Like all states, South Carolina sets limits on the time after a crash during which an injury victim can recover compensation for their damages. Under S.C. Code § 15-3-530(5) (2024), a car accident victim has up to three years to file a claim. If a case requires court, the injury victim must file a lawsuit within three years of the accident date. Insurance companies follow this time limit for claims.

Timing your accident claim well before the statute of limitations expires is crucial. Only under very limited circumstances, such as for delayed injury discovery or injury to a minor, does the court extend the three-year time limit.

Get Legal Help Today – Contact a Columbia Hit & Run Accident Attorney

Hit-and-run drivers are the most irresponsible, selfish drivers out on the road. Unfortunately, this accounts for quite a large percentage of the population. Hit and runs are on the rise, particularly when the victim is a cyclist or pedestrian—the lack of the victim having a vehicle enables the hit and run driver to get away.

All drivers have a duty to stay on the scene and provide aid, either by dialing 911 or providing medical assistance, regardless of who caused the crash. Failure to do so can result in an avoidable death. We can help you pursue justice. Contact the Columbia hit and run attorneys from Marc Brown Law Firm at (803) 871-9775 today to schedule a free consultation.