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Posted on behalf of Harbin & Burnett on Mar 29, 2018 in Auto Accidents

Hit and Run accidents.  What do i need to do?

This morning, I was reading an article about a motorcycle struck by a hit and run vehicle in Spartanburg, South Carolina. You can read the brief article here: WYFF. And I realized that most drivers don't know what to do in the event they are involved in an accident with a hit and run driver in South Carolina. There are 3 requirements the driver must meet in order to make a claim against his Ununsured Motorist insurance.  The accident must be reported promptly to the police. There must be physical contact between the vehicles or, if not, there must be a witness other than the driver who will sign an affidavit corroborating the driver's account of the accident. And finally, the driver must not be negligent in failing to determine the identity or the other vehicle or driver.  If the driver meets all three requirments, then a claim can be made against uninsured insurance. Otherwise, the driver will be barred from making a claim. Therefore it is very important that you act quickly in the event of a hit and run accident. And if you have been a victim, call us now for a Free consultation. Here is the South Carolina law:

SECTION 38-77-170. Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.

If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless:

(1) the insured or someone in his behalf has reported the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence;

(2) the injury or damage was caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle; provided however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit;

(3) the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident.

The following statement must be prominently displayed on the face of the affidavit provided in item (2) above: A FALSE STATEMENT CONCERNING THE FACTS CONTAINED IN THIS AFFIDAVIT MAY SUBJECT THE PERSON MAKING THE FALSE STATEMENT TO CRIMINAL PENALTIES AS PROVIDED BY LAW.


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