What If the At-Fault Driver Was Uninsured but Driving Someone Else’s Car?

A car accident can leave you facing painful injuries, mounting medical bills, and uncertainty about the future. The situation becomes even more confusing when the at-fault driver does not have insurance but was driving someone else’s vehicle at the time of the crash. Many accident victims assume they have no way to recover compensation in these circumstances, but that is not always the case. 

If you have questions about your rights after a collision involving an uninsured driver, our Conway car accident attorneys are here to help.

Insurance Typically Follows the Vehicle

One of the most important concepts in these cases is that insurance generally follows the vehicle rather than the driver. According to S.C. Code Ann. § 38-77-142, a car owner’s insurance policy will often cover someone else who is driving the vehicle with the owner’s permission. 

This means that if an uninsured driver borrows a car and causes an accident, the owner’s insurance may still pay for the damages. This can provide an important source of compensation for injured victims seeking recovery.

Permission does not always have to be given directly and can sometimes be implied by the circumstances. However, whether coverage applies depends on the facts of the accident and the terms of the insurance policy.

Determining Whether the Driver Had Permission

Insurance companies often investigate the relationship between the driver and the vehicle owner to determine whether coverage exists. For example, coverage may be available if:

• A friend borrowed the vehicle with permission
• A family member regularly used the car
• The owner knowingly allowed the driver to operate the vehicle

Insurance companies may deny coverage if the vehicle was stolen or used without clear authorization.

Uninsured Motorist Coverage in South Carolina

Even if the at-fault driver lacks insurance and the owner’s policy does not apply, you may still have options. South Carolina law requires most auto insurance policies to include uninsured motorist coverage. 

Uninsured motorist coverage can help pay for your damages if you are injured by a driver who does not have insurance and the car’s owner’s policy does not apply. Your coverage may help cover losses such as:

1. Medical bills
2. Lost income
3. Property damage to your vehicle and other belongings
4. Pain and suffering

Unfortunately, insurance companies do not always make the claims process easy. They may dispute the severity of your injuries or attempt to minimize the value of your claim. This makes it vital to work alongside a skilled attorney after an accident.

Dedicated Representation from Our Car Accident Lawyers in Conway

Being injured by an uninsured driver can leave you feeling overwhelmed and uncertain about your next steps. Fortunately, the lack of insurance does not automatically mean you are out of options. 

At Kinon Law Firm, our car accident lawyers in Conway are committed to helping injured victims understand their rights and pursue the compensation they deserve. If you were injured in a collision involving an uninsured driver, contact our firm today online or by calling 843-488-9191 for a free case evaluation.