The phone rings. Your world stops. A police officer informs you that your spouse died in a car crash on Highway 76 near Woodbridge. Days later, you learn the driver who caused the accident carried only the minimum insurance coverage of just $25,000. The funeral alone cost $12,000. Medical bills from the emergency room top $30,000. Your spouse earned $60,000 annually. The math doesn't add up, and neither does the justice.
At Pracht Injury Lawyers, our Anderson wrongful death lawyers have walked alongside many South Carolina families facing this painful reality. We've helped them find paths to compensation when the at-fault driver’s insurance policy limits were lacking.
South Carolina Auto Insurance Requirements
South Carolina state law requires every driver to carry liability insurance:
- $25,000 per person for injuries
- $50,000 per accident for injuries to multiple people
- $25,000 for property damage.
Insurance companies must also offer uninsured motorist coverage at these same amounts, though drivers can reject underinsured coverage in writing.
These minimum policy limits often create gaping financial holes for families. Consider an Anderson resident whose husband dies when a texting driver ran a red light. Between the ambulance, helicopter transport, and emergency surgery before her husband died, medical bills reached $85,000. His lost lifetime earnings exceeded $1.2 million. The at-fault driver’s minimum insurance coverage would barely make a dent in the family’s financial loss.
Even worse, according to a study by the Insurance Information Institute, about 12 percent of South Carolina drivers don’t have any insurance at all.
Options When the At-Fault Driver Is Underinsured
When minimum insurance coverage fails to compensate you for your losses, alternative routes might help close the gap.
Underinsured Motorist Coverage
South Carolina law allows the "stacking" of underinsured motorist (UIM) policies in specific situations. If your loved one had UIM coverage on multiple vehicles, you might combine those policies.
Say the two of you owned three cars, each with $25,000 in UIM coverage. If your spouse passes away in a car crash caused by an underinsured driver, you could access up to $75,000 in coverage by stacking all three policies.
Sometimes, policies held by relatives living in the same household can provide additional coverage. If a young adult living with their parents dies in an accident, the parents' UIM coverage might apply on top of their own policy.
Other Potentially Liable Parties
The driver isn't always the only responsible party. When an employee causes a fatal truck accident while driving their employer's delivery vehicle, the company's commercial policy may provide $1 million in coverage, far more than the driver's personal insurance.
Vehicle owners may be liable even when they weren't driving at the time of the fatal accident. If someone loans their car to a driver they know is dangerous, they might share responsibility under comparative negligence laws.
Government entities sometimes bear partial fault. A town that ignores reports of malfunctioning traffic signals or a highway department that fails to fix dangerous road conditions might share liability in wrongful death claims.
Steps to Take After a Fatal Accident Involving an Underinsured Driver
Taking appropriate actions following a fatal accident can safeguard your ability to recover fair compensation, especially when dealing with insurance coverage limitations. Before doing anything, hire an experienced Anderson wrongful death lawyer who can guide you through this difficult process.
- Preserve evidence. Skid marks wash away. Witnesses forget details. Prompt investigation matters, especially when insurance falls short and you need every possible avenue for recovery.
- Get appointed. Work quickly to gain status as the personal representative through probate court. This title gives you the authority to request police reports, speak with insurance companies, and begin the claims process.
- Notify insurance. Insurance policies contain strict notification deadlines. Missing these can void coverage completely.
How an Anderson Wrongful Death Attorney Can Help
At Pracht Injury Lawyers, we've seen every trick insurance companies use to minimize payments after fatal crashes. They pressure grieving families to accept quick settlements before they understand the true extent of their losses. They dispute liability even when fault seems clear. They hide additional coverage that might be available.
Our experienced wrongful death lawyers know how to counter these tactics. We handle the probate court process, insurance paperwork, and settlement negotiations while you focus on your family's emotional healing. We investigate thoroughly, often finding insurance policies and responsible parties that families would never discover on their own.
If you've lost someone in a car crash caused by an underinsured driver, call our Anderson office to discuss your options.