Key Takeaways

Hit-and-run accidents can leave North Charleston victims with no identified driver to claim against. Uninsured motorist (UM) coverage is the primary recovery path when the at-fault driver is unidentified. South Carolina requires uninsured motorist (UM) coverage on every auto policy (S.C. Code § 38-77-150); underinsured motorist (UIM) coverage must be offered but can be declined (S.C. Code § 38-77-160). Hit-and-run is a criminal offense under S.C. Code § 56-5-1210, and victims may also access the Crime Victims' Compensation Fund. The 3-year filing deadline (S.C. Code § 15-3-530) applies to civil claims.

Hit-and-run accidents are a real risk on North Charleston’s busy roads. When drivers flee, it is often because stopping carries its own consequence: two in five who fled fatal crashes and were later identified had no valid license (AAA Foundation for Traffic Safety, 2026); others are uninsured, impaired or wanted on a warrant.

The Hit-and-Run Problem

Hit-and-run crashes disproportionately harm the most vulnerable road users:

  • Pedestrians: Cannot get a license plate number while lying injured on the road
  • Cyclists: Often left in the roadway by drivers who flee without stopping
  • Late-night crash victims: Fewer witnesses, harder to identify the vehicle

Why Drivers Flee

  • No insurance: Drivers without insurance flee to avoid financial liability.
  • Suspended/revoked license: Driving under suspension is a crime (S.C. Code § 56-1-460), so police contact can mean arrest
  • DUI/impairment: Intoxicated drivers flee to avoid DUI charges, which carry severe criminal penalties
  • Outstanding warrants: Any police interaction can lead to arrest
  • Stolen vehicle: The driver isn’t the registered owner and cannot afford to be connected to the car

Your Legal Options After a Hit-and-Run

1. Uninsured Motorist (UM) Coverage

Your own UM coverage is your primary safety net. In South Carolina, UM coverage applies to hit-and-run crashes where the at-fault driver cannot be identified, if the conditions of S.C. Code § 38-77-170 are met. Key points:

  • SC law requires UM coverage on every auto policy (S.C. Code § 38-77-150)
  • UM coverage pays for medical expenses, lost wages, and pain and suffering — just like a claim against the at-fault driver’s insurance
  • You must report the hit-and-run to police within a reasonable time; show physical contact, a witness affidavit from someone other than you or, since 2024, a recording of the crash; and not be negligent in failing to identify the driver
  • Your own insurer becomes the opposing party — they will try to minimize your claim just as an at-fault driver’s insurer would

2. Identifying the Driver

If the driver can be identified, you have a standard claim against their insurance (if any). Identification sources:

  • Surveillance cameras (business security, doorbell and dash cameras)
  • Witness testimony (license plate, vehicle description)
  • Vehicle debris at the scene (may include parts with serial numbers)
  • Police investigation (paint transfer, parts matching)

3. Crime Victims’ Compensation

South Carolina’s Crime Victims’ Compensation Fund may provide supplemental benefits for hit-and-run victims, including medical expenses and lost wages not covered by insurance, if the crash was reported to police within 48 hours and you apply within 180 days, or up to four years for good cause (S.C. Code §§ 16-3-1170, 16-3-1230).

What to Do Immediately After a Hit-and-Run

  1. Call 911 immediately — South Carolina requires an immediate report of any injury crash (S.C. Code § 56-5-1260), and every unknown-driver UM claim requires the officer’s TR-310 report.
  2. Note everything you can: Vehicle color, make, model, direction of travel, any partial plate numbers
  3. Look for cameras: Nearby businesses, doorbell cameras, other drivers’ dash cameras. Note their locations quickly for your attorney.
  4. Get witness contacts: Anyone who saw the vehicle before or after the crash
  5. Preserve evidence: Your damaged vehicle, clothing, and any debris left by the fleeing vehicle
  6. Contact an attorney: UM claims against your own insurer require the same aggressive advocacy as any other insurance claim

SC Hit-and-Run Criminal Penalties

Leaving the scene of a crash that injures someone is a crime in South Carolina (S.C. Code § 56-5-1210): a misdemeanor for an injury, a felony carrying up to 10 years when the injury is great bodily injury, and a felony carrying up to 25 years when someone dies. This criminal liability is separate from your civil claim for damages.

Filing Deadline

You have 3 years to file your injury claim (S.C. Code § 15-3-530). For UM claims, check your policy for notice requirements — some require notification within a specific timeframe. Contact Roden Law at (843) 612-6561.

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About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO