What Are Your Legal Rights as a Hit-and-Run Victim in Summerville?

Being hit by another vehicle and left at the scene is traumatic. Victims often feel confused, injured, and uncertain about what comes next. If you’ve been a hit-and-run victim in Summerville, you have legal rights and options. You can recover compensation for your injuries and damages. Understanding your hit-and-run victim’s legal rights is the first step toward getting the justice and financial recovery you deserve.

Why Choose Crantford Meehan for Your Hit-and-Run Case

Crantford Meehan has recovered over $70 million for clients across South Carolina over the past 20 years. Our personal injury attorneys have handled numerous hit-and-run cases. We secured a $300,000 recovery for a client who suffered permanent injuries in a rear-end hit-and-run collision in Berkeley County. We also recovered $400,000 for a pedestrian struck by a negligent driver.

Both of our partners, William C. Crantford and Jerry A. Meehan Jr., are Trial Lawyers College graduates. They hold AV ratings from Martindale-Hubbell and recognition from Super Lawyers and Best Lawyers. Both are members of the Million Dollar Advocates Forum. We represent clients on a contingency-fee basis, meaning you pay no upfront legal costs. Our Summerville office is located at 136 W Richardson Ave. We offer 24/7 availability to answer your questions about your case.

What Constitutes a Hit-and-Run Accident Under South Carolina Law

Under S.C. Code § 56-5-1210, it is illegal for a driver to leave the scene of an accident without providing their name, address, vehicle registration number, and driver’s license information to the other parties involved. A hit-and-run occurs when a driver fails to stop and exchange information after causing an accident. South Carolina law treats hit-and-run violations seriously, with penalties varying based on the severity of injuries and property damage.

Hit-and-run accidents take many forms. Vehicle-to-vehicle collisions happen when one driver strikes another car and flees without stopping. Pedestrian and bicycle accidents occur when a driver hits a person walking or riding and leaves the scene. In all cases, the driver’s failure to remain at the scene makes the incident a hit-and-run. Depending on the severity of injuries and property damage, hit-and-run charges can be classified as misdemeanors or felonies under South Carolina law.

Vehicle-to-Vehicle Collisions

When one driver strikes another vehicle and leaves the scene without exchanging information, this constitutes a hit-and-run. These collisions range from minor fender-benders to serious crashes, causing significant injuries. Car accident victims in Summerville have the right to pursue compensation for all damages resulting from the collision.

Pedestrian and Bicycle Accidents

Hit-and-run accidents involving pedestrians and cyclists are particularly serious. A driver who strikes a person on foot or on a bicycle and leaves the scene commits a hit-and-run. This applies regardless of whether the victim was in a crosswalk or on the roadway. Pedestrian accident victims have specific legal protections under South Carolina law. Bicycle accident victims also have the right to pursue compensation for injuries and damages.

Your Rights as a Hit-and-Run Victim in South Carolina

As a hit-and-run victim, you have several important rights. You can file a police report documenting the incident. This creates an official record and helps law enforcement investigate. You can pursue compensation through your insurance coverage, even if the at-fault driver is never identified. You can hold the responsible driver accountable if they are found. Most importantly, you can recover damages for your injuries and losses.

Your primary avenue for recovery is Uninsured Motorist (UM) coverage. However, under S.C. Code § 38-77-170, if the driver is unknown (‘John Doe’), you must meet specific strict requirements to recover:

1. You must report the accident to the police within a reasonable time.
2. The unknown vehicle must have made physical contact with your car, OR
3. If there was no contact (e.g., they ran you off the road), you must provide an affidavit from a witness attesting that the accident happened.

You may also recover through medical payments (med-pay) coverage, your health insurance, or personal injury protection if available. You have the right to legal representation to help you navigate the claims process and ensure you receive fair compensation.

How to Recover Compensation After a Hit-and-Run in Summerville

Uninsured motorist coverage is your main path to recovery after a hit-and-run. This coverage applies specifically when the responsible driver is unknown or uninsured. To file a claim, you must notify your insurance company promptly and provide details about the accident. Understanding how to file a personal injury insurance claim is essential to protecting your rights.

South Carolina generally imposes a three-year Statute of Limitations (S.C. Code § 15-3-530). While this clock typically starts on the date of the crash, there are exceptions. However, missing this deadline bars you from recovery forever, so acting quickly is vital. Recoverable damages include medical expenses and ongoing treatment costs, lost wages and income from time away from work, pain and suffering for your physical and emotional injuries, and property damage to your vehicle.

Medical Expenses and Ongoing Treatment

Your recovery should cover all medical costs related to your injuries. This includes emergency room visits, hospital stays, surgery, physical therapy, and ongoing treatment. You can also recover future medical expenses for long-term care. Traumatic brain injuries and other serious injuries may require extensive ongoing treatment and rehabilitation.

Lost Wages and Income

If your injuries prevent you from working, you can recover compensation for lost wages during your recovery period. This includes salary, hourly wages, and income from self-employment. Understanding how to calculate lost wages is important for ensuring you receive full compensation for your economic losses.

Pain and Suffering

Beyond medical bills and lost wages, you recover compensation for the physical pain, emotional distress, and reduced quality of life caused by your injuries. Pain and suffering damages can be substantial in hit-and-run cases, particularly when the victim suffers permanent injuries.

Property Damage

Your vehicle damage is recoverable. This includes repair costs or the vehicle’s fair market value if it’s totaled. Documenting vehicle damage with photographs is essential for supporting your insurance claim.

Steps to Take Immediately After a Hit-and-Run Accident

Your immediate actions after a hit-and-run accident significantly impact your case. First, seek medical attention. Then, call 911 immediately. In South Carolina, filing a police report is often a mandatory prerequisite for recovering compensation in a ‘John Doe’ uninsured motorist claim. Delaying this report can jeopardize your ability to recover anything. Document the scene by taking photos of vehicle damage, road conditions, and your surroundings. How to take accident scene photos is a critical skill for protecting your claim.

Gather information from any witnesses who saw the accident. Questions to ask car accident witnesses can help establish liability and strengthen your case. Note details about the other vehicle if you saw it—color, make, model, license plate, or partial plate number. Report the accident to your insurance company as soon as possible. Preserve all medical records, bills, and documentation related to your injuries. Best ways to track medical expenses will help you document all costs for your claim. Avoid discussing the accident on social media, as this information can be used against you.

The Investigation Process and Evidence Collection

Law enforcement investigates hit-and-run cases by reviewing surveillance footage from nearby businesses, traffic cameras, and residential properties. Witness statements are crucial. Officers interview anyone who saw the accident. Vehicle forensic evidence, such as paint transfer or debris, can help identify the at-fault vehicle. How surveillance footage strengthens your car accident claim is particularly important in hit-and-run cases.

Crantford Meehan works with investigators to gather evidence and obtain surveillance footage. We interview witnesses and document your injuries and damages. We also handle all communication with insurance adjusters, ensuring your rights remain protected throughout the claims process. Our Summerville personal injury team has extensive experience with hit-and-run investigations. Dealing with insurance adjusters after a car accident requires careful attention to protect your interests.

Frequently Asked Questions About Hit-and-Run Victim Rights

What if the hit-and-run driver is never found?

Your uninsured motorist coverage applies even if the driver is never identified. You can still recover compensation through this coverage for your medical expenses, lost wages, and pain and suffering. Underinsured motorist coverage in South Carolina provides additional protection when the at-fault driver’s insurance is insufficient.

Can I sue the at-fault driver if they’re identified?

Yes. If the driver is identified, you can pursue a personal injury lawsuit against them in addition to filing an insurance claim. This allows you to recover additional damages beyond insurance limits. How to file a personal injury lawsuit in South Carolina outlines the legal process for pursuing compensation.

How long do I have to file a claim?

South Carolina’s three-year statute of limitations applies to hit-and-run claims. You must file within three years of the accident or lose your right to compensation. How long do I have to file a personal injury lawsuit provides detailed information about filing deadlines.

What if I don’t have uninsured motorist coverage?

South Carolina requires UM coverage, but if your policy lacks it, you may still recover through med-pay coverage, health insurance, or by suing the at-fault driver if identified. How to handle a car accident with an uninsured driver explains your options in this situation.

Will my insurance rates increase after a hit-and-run?

Since you were not at fault, your rates should not increase. Hit-and-run accidents are not considered your fault for insurance purposes. Why you should not be using social media after a car accident explains how to protect your claim from being undermined.

How much compensation can I expect?

Compensation depends on your injuries, medical expenses, lost wages, and pain and suffering. Cases range widely. Some settle for tens of thousands, while serious injuries result in six-figure recoveries. How to get the most out of your personal injury settlement in South Carolina provides guidance on maximizing your recovery.

Do I need a lawyer for a hit-and-run claim?

While not required, an attorney protects your rights and helps you receive fair compensation. Insurance companies often offer less to unrepresented claimants. Three reasons to hire an attorney after an accident explains why legal representation is valuable in hit-and-run cases.

Contact Crantford Meehan for Your Hit-and-Run Case

If you’ve been injured in a hit-and-run accident in Summerville, don’t handle this alone. Crantford Meehan is ready to help you understand your rights and recover the compensation you deserve. Call (843) 832-1120 today for a free consultation. We represent clients on a contingency-fee basis, so you pay nothing unless we win your case. Our Summerville office is located at 136 W Richardson Ave. We’re available 24/7 to answer your questions.