What Happens if the At-Fault Driver Flees South Carolina?

After a serious car accident, most people expect the insurance claims process to be challenging and confusing. However, the situation can become even more stressful when the driver who caused the crash leaves South Carolina before you can pursue a claim. Many accident victims worry that crossing state lines allows an at-fault driver to avoid responsibility, but that is generally not the case. 

If you have been injured in a collision involving a driver who has left the state, our Conway car accident lawyers can advocate on your behalf and work to hold the responsible party accountable for their actions.

South Carolina’s Nonresident Motorist Law

South Carolina has laws that address accidents involving drivers who are no longer present in the state. Under S.C. Code Ann. § 15-9-350, nonresident motorists who use South Carolina roadways may still be subject to legal proceedings in South Carolina for accidents that occur here.

By driving on South Carolina roads, a nonresident is also agreeing that if they cause a car accident here, legal papers related to a personal injury case can be served on the South Carolina Director of Motor Vehicles instead of being served on them personally in their home state.

This process is treated the same as if the driver had been personally served with the case. It allows an injured person to bring a legal claim in South Carolina even if the at-fault driver has already left the state. These laws help ensure that drivers cannot escape liability simply by leaving the state after a collision.

Insurance Claims Can Often Continue

Even if the at-fault driver has left the state, their insurance company may still be responsible for handling the claim. Compensation may be available for damages such as:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Future medical treatment
• Loss of earning capacity

Because insurance companies often look for ways to reduce payouts, having legal representation can be especially important when dealing with an out-of-state driver. An experienced attorney from Kinon Law Firm understands the common tactics used by insurance companies and can work to effectively counter them.

What if the Driver Cannot Be Located?

In some cases, an at-fault driver may leave the state and become difficult to find. Even then, you may still have options. Depending on the circumstances, your own uninsured motorist coverage or underinsured motorist coverage may provide compensation for your losses. 

An attorney can investigate all available sources of recovery and determine the right path forward for your claim.

Trusted Guidance From a Car Accident Attorney in Conway, SC

When the driver responsible for your injuries leaves South Carolina, it can feel like another obstacle standing between you and the compensation you need to move forward in life. Fortunately, a driver’s relocation does not necessarily prevent you from pursuing a claim or seeking accountability for the harm you have suffered.

An experienced car accident attorney in Conway can help you navigate complex accident claims. To discuss your situation in a free consultation, reach out to Kinon Law Firm by contacting us online or by calling 843-488-9191.