Hit-and-run crashes in Greenville, SC
When the other driver can't be identified, your own uninsured motorist coverage may be the main path to recovery. South Carolina sets strict conditions first, and most of them depend on what you do in the first hours and days.
Leaving the scene is a crime
A driver in a crash that injures or kills someone must stop and stay at the scene until giving the required information (S.C. Code § 56-5-1210). Failing to do so is:
| Result of the crash | Offense | Penalty range |
|---|---|---|
| Injury (not great bodily injury or death) | Misdemeanor | 30 days to 1 year, or $100 to $5,000, or both |
| Great bodily injury | Felony | 30 days to 10 years and $5,000 to $10,000 |
| Death | Felony | 1 to 25 years and $10,000 to $25,000 |
Leaving the scene of a crash that damages only an attended vehicle is also a misdemeanor (§ 56-5-1220). The criminal case is separate from your civil claim, but a conviction or an investigation file can help identify the driver.
Duties for parked cars and property
- A driver who hits an unattended vehicle must stop and either find the owner or leave a conspicuous written note with their name, address, and the circumstances (§ 56-5-1240).
- A driver who damages fixtures on or near the highway, such as fences or signs, must take reasonable steps to notify the owner (§ 56-5-1250).
An unknown driver counts as uninsured
Under South Carolina's insurance definitions, a motor vehicle "is considered uninsured if the owner or operator is unknown" (S.C. Code § 38-77-30). Every auto policy issued in the state must include uninsured motorist (UM) coverage at least equal to the state minimums (§ 38-77-150), and the Department of Insurance describes it as paying when you are hurt or your property is damaged by a hit-and-run or uninsured driver (SCDOI). Recovery for an unknown driver is subject to § 38-77-170, below.
The conditions for an unknown-driver claim
Under S.C. Code § 38-77-170, there is no right to recover under the UM provision for an unknown driver unless all of these are met:
- Police report. You, or someone on your behalf, reported the crash to an appropriate police authority within a reasonable time under all the circumstances.
- Proof the other vehicle caused it, by one of:
- physical contact between the unknown vehicle and you or your vehicle; or
- a witness other than the owner or driver of the insured vehicle, who signs an affidavit about the facts. The affidavit must carry the statutory false-statement warning. If you can't get one, you may ask a court for a pre-suit deposition of the witness under SCRCP Rule 27; or
- a recording of the crash, "obtained electronically or otherwise," showing the unknown vehicle caused the injury or damage.
- No negligence in failing to identify the other vehicle and driver at the time of the crash.
"Miss-and-run" crashes, where you swerved to avoid a car that never touched you, are where the witness and recording options matter most.
A first-48-hours evidence plan
Report it now
Call 911 or the responding agency. Injury crashes must be reported immediately (§ 56-5-1260), and § 38-77-170 requires a timely police report for UM coverage. Ask for the case number.
Write down everything about the other vehicle
Partial plate, color, make, body style, damage, direction of travel, and anything about the driver. Notes made the same day carry more weight.
Find the witnesses
Get names and phone numbers. Ask whether they would sign a short written statement about what they saw.
Hunt for video
Check your own dash cam, then nearby businesses, homes with doorbell cameras, and buses. Ask in writing and quickly, because many systems overwrite footage.
Preserve paint and parts
Paint transfer and broken parts left at the scene can help police identify a vehicle, and they show physical contact.
Notify your insurer
Tell your insurer promptly and ask how to open a UM claim.
If the driver is later identified
SCDMV may disclose the identity of a person involved in a crash "when such identity is not otherwise known or when such person denies his presence," and may tell an injured person whether insurance is shown on a crash report (S.C. Code § 56-5-1340). If police identify the driver, the claim may shift to that driver's liability insurance, with UM coverage still available if they turn out to be uninsured.
Property damage
UM coverage must include at least $25,000 for damage to the insured's property, but a policy may exclude the first $200 of that loss (§ 38-77-150(A)). The Department of Insurance describes that $200 as a typical deductible (SCDOI).
Deadline
The general three-year injury deadline applies (§ 15-3-530(5)). A UM lawsuit also requires serving the pleadings on your UM insurer, which may appear and defend in the unknown driver's name (§ 38-77-150(B)). See deadlines and UM and UIM.
If police later find the driver
An arrest or charge doesn't by itself pay your losses. If the driver is identified, their liability insurance, if any, comes into play, and your UM coverage may still matter if they turn out to be uninsured (S.C. Code § 38-77-150). If they are underinsured, your UIM coverage may matter (§ 38-77-160). Keep your case number and check in with the investigating agency.
Questions to ask a lawyer about a hit-and-run
- Which § 38-77-170 condition can we prove: physical contact, a witness affidavit, or a recording?
- Was my police report made within a reasonable time, and is it documented?
- Which policies in my household may provide UM coverage, and at what limits?
- If a witness won't sign an affidavit, is a presuit deposition worth pursuing?
- How should I respond if my own insurer asks for a recorded statement?