Hit and Runs in South Carolina: Who Pays When the Other Driver Leaves?

A wreck can leave you dealing with injuries, a damaged car, and time away from work. When the other driver leaves, you also face a basic question: How do you pursue a claim against someone you cannot identify?

If the driver is identified, the claim may involve that driver’s liability insurance. If the driver is uninsured or remains unknown, you may be able to recover for your injuries and vehicle damage through your own uninsured motorist coverage. South Carolina has specific requirements for these claims, so reporting the wreck to police and preserving evidence can affect your ability to recover.

What counts as a hit and run?

A hit and run occurs when a driver involved in a crash fails to stop, provide identifying information, or offer reasonable assistance as required by law.

It can involve hitting another vehicle, striking a parked car, colliding with a pedestrian or bicyclist, or damaging someone else’s property.

The crash does not have to cause serious injuries or major damage. Leaving after a minor collision without fulfilling the required duties can still be a hit and run. See S.C. Code §§ 56-5-1210 through 56-5-1250.

The vehicles do not always have to touch

Suppose another driver moves into your lane and forces you off the road without hitting your car. The driver keeps going, and you are left injured.

The absence of contact does not automatically defeat a claim. The witness or recording alternatives can matter in these cases. See S.C. Code § 38-77-170(A)(2)(b)–(c).

That makes preserving evidence especially useful. Get witnesses’ contact information. Save original dashcam footage. Identify nearby cameras and promptly request preservation of any recording of the wreck.

What about parking lot accidents and minor damage?

A collision does not have to happen on a busy road or cause major damage to require a driver to stop. South Carolina’s duties to stop, provide information, and assist injured people apply in parking lots as well. See S.C. Code § 56-5-20.

If you hit an unattended parked car, you must stop and either locate its owner or driver or leave a conspicuous written notice with your name and address, the vehicle owner’s name and address, and an explanation of what happened. Simply deciding that the damage looks minor does not excuse leaving. See S.C. Code § 56-5-1240.

If you return to find your parked car damaged and the other driver gone, photograph the damage, report it to law enforcement, and promptly ask nearby businesses to preserve surveillance footage. Your insurance may cover the damage, depending on your coverage and the evidence available.

You must stop even if you did not cause the wreck

Being the victim does not excuse a driver from stopping. South Carolina requires drivers to stop, exchange identifying information, and provide reasonable assistance to injured people. Crashes involving injury or death must be reported immediately to law enforcement. See S.C. Code §§ 56-5-1210, 56-5-1220, 56-5-1230, and 56-5-1260.

The law allows temporarily leaving to report the crash. See S.C. Code §§ 56-5-1210(A) and 56-5-1220(A). If you need emergency medical care, tell responders and obtain treatment.

Hitting an unattended car also carries duties. Stop and locate its owner or driver, or leave a conspicuous written notice identifying you and your vehicle’s owner and explaining what happened. See S.C. Code § 56-5-1240.

What to do if the other driver leaves

Get to safety, call law enforcement, and obtain medical attention when needed. Do not chase the fleeing driver.

Write down what you remember while it is fresh: the vehicle’s color, make, license plate or partial plate, direction of travel, and any distinctive features. Take photographs if you can safely do so. Notify your insurer promptly and keep copies of the information you provide.

Do not assume that an unsuccessful police investigation means there is no claim. The available insurance and evidence need to be reviewed separately.

What are the penalties for leaving the scene?

The criminal penalties depend on the consequences of the collision:

• Damage to an unattended vehicle: A misdemeanor punishable by up to 30 days in jail or a fine of up to $100 under the general penalty provision. S.C. Code §§ 56-5-1240 and 56-5-6190.

• Damage to an attended vehicle: A misdemeanor punishable by up to one year in jail, a $100 to $5,000 fine, or both. S.C. Code § 56-5-1220(A).

• Injury without great bodily injury or death: A misdemeanor punishable by 30 days to one year in jail, a $100 to $5,000 fine, or both. S.C. Code § 56-5-1210(A)(1).

• Great bodily injury: A felony punishable by 30 days to 10 years in prison and a $5,000 to $10,000 fine. S.C. Code § 56-5-1210(A)(2).

• Death: A felony punishable by one to 25 years in prison and a $10,000 to $25,000 fine. S.C. Code § 56-5-1210(A)(3).

An injury or death conviction under Section 56-5-1210 also requires license revocation. See S.C. Code § 56-5-1210(D).

A criminal case does not resolve your injury claim

Police may find the driver, and prosecutors may pursue charges. A conviction does not automatically pay your medical bills or settle your civil claim.

Your injury claim addresses the losses the collision caused. Depending on the evidence, those losses may include:

• Past and future medical expenses.
• Lost income and reduced ability to earn a living.
• Vehicle damage and related out-of-pocket expenses.
• Physical pain.
• Emotional suffering.

Documenting those losses takes more than keeping receipts. Medical records, work records, photographs, and evidence of how your injuries affect daily life can all help explain the consequences of the wreck.

Your own insurance may cover a hit and run

South Carolina requires uninsured motorist coverage, often called UM coverage, in automobile insurance policies issued or delivered in the state. See S.C. Code § 38-77-150(A). A policy you think of as “liability only” may therefore include coverage relevant to your claim.

For an unknown-driver claim, South Carolina law requires three things:

1. You, or someone on your behalf, reported the accident to an appropriate police authority within a reasonable time under the circumstances. S.C. Code § 38-77-170(A)(1).
2. The injury or damage was caused by physical contact with the unknown vehicle, the accident was witnessed by a qualifying witness, or you have a recording showing that the unknown vehicle caused the injury or damage. S.C. Code § 38-77-170(A)(2).
3. You were not negligent in failing to determine the identity of the other vehicle and its driver at the time of the accident. S.C. Code § 38-77-170(A)(3).

The witness must be someone other than the insured vehicle’s owner or driver. A signed affidavit is required for that route. If the affidavit cannot be obtained, the law permits seeking a court order for a deposition before filing suit. The affidavit must also prominently display the statutory warning about false statements. See S.C. Code § 38-77-170(A)(2)(b) and (B).

Meeting these conditions does not automatically establish a successful claim. You still need to establish the unknown driver’s legal liability, your damages, and applicable coverage. See S.C. Code §§ 38-77-150(A) and 38-77-200.

At Palmetto State Injury Lawyers, attorney Dana Adkins handles personal injury cases throughout South Carolina. If you were hurt in a hit and run, contact the firm to discuss how the wreck happened, what evidence is available, and which insurance policies may apply.