South Carolina · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in South Carolina: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Driving an uninsured car is a misdemeanor: $100-$200 fine or 30 days in jail for a first offense; $200 or 30 days or both for a second; 45 days to 6 months in jail for a third within 5 years. Uninsured motorist coverage is required at 25/50/25, including $25,000 for damage to your own property (usually with a $200 deductible).

Uninsured motorist (UM) coverage
Required
Minimum liability
25/50/25
Insurance system
Fault (tort)

Uninsured motorist coverage in South Carolina

Uninsured / underinsured motorist (UM/UIM)
Uninsured motorist coverage is required at 25/50/25, including $25,000 for damage to your own property (usually with a $200 deductible). Insurers must offer higher uninsured limits and underinsured motorist coverage up to your liability limits; underinsured coverage is optional (S.C. Code §§ 38-77-150, 38-77-160).
Liability minimum
25/50/25
Official text
Read the official text

Compare every state in the minimum insurance table.

If the other driver has no insurance in South Carolina

  • If an uninsured or hit-and-run driver injures you or damages your car, you can claim under your own required uninsured motorist coverage.

Penalties for driving uninsured in South Carolina

  • Driving an uninsured car is a misdemeanor: $100-$200 fine or 30 days in jail for a first offense; $200 or 30 days or both for a second; 45 days to 6 months in jail for a third within 5 years.
  • The SCDMV suspends the owner's license, registrations and plates until a $600 reinstatement fee is paid (set yearly by the Department of Insurance); a non-owner driver's license is suspended 30 days (S.C. Code § 56-10-520).

More facts for South Carolina

  • Uninsured motorist coverage in South Carolina also covers damage to your own car, up to $25,000, usually after a $200 deductible (S.C. Code § 38-77-150; SCDOI).

Recent changes in South Carolina

  • Since July 1, 2024, South Carolina no longer lets owners register an uninsured car by paying an uninsured motor vehicle fee: 2023 Act No. 51 reserved S.C. Code § 56-10-510 and rewrote the penalties in § 56-10-520.

How fast an insurer must handle a claim in South Carolina

  • S.C. Code § 38-59-20 lists improper claim practices, including not acknowledging claim communications with reasonable promptness (also for third-party claims), not adopting standards for prompt investigation and settlement, and not trying in good faith to settle promptly and fairly when liability is reasonably clear.
  • No fixed day count was found in the statute.

Claiming from the uninsured driver in South Carolina

Small claims limit for car damage in South Carolina: $7,500 in Magistrate Court; businesses have the same limit. South Carolina small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in South Carolina

  1. Report the crash to the police. If anyone is hurt or killed, you must tell police right away by the quickest means: the city police inside a city, otherwise the county sheriff or the nearest Highway Patrol office. Reporting a crash in South Carolina and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in South Carolina it is required.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 3 years for both property damage and injury. Deadlines to sue in South Carolina, with the calculator

Free help in South Carolina

Questions about uninsured drivers in South Carolina

Is uninsured motorist coverage required in South Carolina?

Uninsured motorist coverage is required at 25/50/25, including $25,000 for damage to your own property (usually with a $200 deductible). Insurers must offer higher uninsured limits and underinsured motorist coverage up to your liability limits; underinsured coverage is optional (S.C. Code §§ 38-77-150, 38-77-160).

What happens if you drive without insurance in South Carolina?

Driving an uninsured car is a misdemeanor: $100-$200 fine or 30 days in jail for a first offense; $200 or 30 days or both for a second; 45 days to 6 months in jail for a third within 5 years. The SCDMV suspends the owner's license, registrations and plates until a $600 reinstatement fee is paid (set yearly by the Department of Insurance); a non-owner driver's license is suspended 30 days (S.C. Code § 56-10-520).

What can I do if an uninsured driver hits me in South Carolina?

If an uninsured or hit-and-run driver injures you or damages your car, you can claim under your own required uninsured motorist coverage.

What is the minimum car insurance in South Carolina?

25/50/25

How long do I have to sue an uninsured driver in South Carolina?

3 years for property damage and 3 years for injury.

How fast must an insurer handle a car insurance claim in South Carolina?

S.C. Code § 38-59-20 lists improper claim practices, including not acknowledging claim communications with reasonable promptness (also for third-party claims), not adopting standards for prompt investigation and settlement, and not trying in good faith to settle promptly and fairly when liability is reasonably clear. No fixed day count was found in the statute.

More for South Carolina drivers

Nearby states

Sources

Last checked: Oct 24, 2026.