Hit and Run Accidents in Charleston: What South Carolina Law Allows You to Do

The Incident

On a Saturday night in July 2026, a North Charleston woman was driving home from work on I-26 near the Remount Road exit when a sedan traveling at high speed clipped the rear corner of her vehicle and kept going. The impact sent her car skidding across two lanes before she brought it under control on the shoulder. When she checked her mirror, the other car was gone. She was shaking, her rear bumper was torn away, and she had sharp pain in her neck and right shoulder. She had not seen the plate number. She had no idea who hit her or whether they carried insurance — and no idea that her own policy might provide the answer.

What South Carolina Law Says

South Carolina requires all drivers to carry uninsured motorist (UM) coverage as part of their auto insurance policy. Under S.C. Code § 38-77-150, if you are injured by an unidentified hit-and-run driver, your own UM coverage steps in to compensate you for bodily injury — provided the accident is reported to law enforcement within 24 hours and there is physical contact between your vehicle and the at-fault vehicle.

The physical contact requirement matters. In most South Carolina cases, courts have interpreted "physical contact" strictly, meaning a phantom vehicle that causes you to swerve without actually touching your car may not trigger UM coverage under the standard policy. However, some policies — and South Carolina's underinsured motorist statute — have been interpreted more broadly in cases where witnesses can corroborate the involvement of an unidentified driver.

UM coverage in South Carolina defaults to the same limits as your liability coverage, but you can stack policies in certain circumstances, potentially multiplying the available compensation if you own multiple vehicles or have multiple policies.

Your Rights and Options After a Hit and Run

If you are involved in a hit-and-run accident in the Charleston area, your immediate priorities are:

• Call 911. A police report filed within 24 hours is required to make a UM claim in South Carolina. Do not skip this step even if your injuries seem minor at the scene.
• Document everything at the scene. Photograph vehicle damage, skid marks, debris, and the surrounding area. Note the direction the at-fault vehicle traveled and any partial plate numbers or distinguishing features.
• Gather witness information. Bystanders who saw the accident can corroborate your account when you file your UM claim and, potentially, help law enforcement identify the fleeing driver.
• Seek medical attention immediately. Adrenaline masks pain. Injuries that seem minor at the scene — especially head trauma and soft tissue damage — frequently worsen over hours and days. A prompt medical evaluation also creates documentation that links your injuries directly to the crash.
• Notify your own insurer promptly. Under your UM policy, you are likely required to cooperate with your insurer's investigation. Delaying notice can jeopardize your claim.

What I Look For When Evaluating These Cases

When a hit-and-run victim contacts Traywick Law Offices, the first question I ask is whether the UM claim has been preserved properly — meaning the police report was filed, notice was given to the insurer, and the physical contact requirement can be established or argued. Many victims are surprised to learn that their own insurance company, even after paying their premium for years, may dispute the claim aggressively.

I also investigate whether surveillance footage from nearby businesses or traffic cameras may have captured the fleeing vehicle. Charleston's King Street, Meeting Street, and heavily trafficked intersections near I-526 often have camera coverage that law enforcement or a private investigator can pull quickly before footage is overwritten.

How Insurance Companies Fight Back

Even with a valid UM claim, your own insurer may dispute liability, argue that physical contact was not established, challenge the severity of your injuries, or offer a settlement far below the actual value of your claim. Insurers sometimes use the absence of an identified at-fault driver as leverage to lowball injured policyholders who are uncertain about their rights.

An experienced car accident attorney can document the claim properly, counter the insurer's arguments, and — if necessary — compel arbitration or litigation under the UM policy to obtain fair compensation.

Related Practice Areas at Traywick Law Offices

Hit-and-run claims often overlap with auto accident representation, uninsured motorist disputes, and in serious cases, wrongful death claims. If a pedestrian was injured, premises liability principles regarding safe road conditions may also be relevant where government entities failed to maintain dangerous intersections.

My Final Thoughts

A hit-and-run crash feels like a uniquely unfair situation. But South Carolina law gives injured victims real tools to pursue compensation, and acting quickly — filing the police report, preserving evidence, and notifying your insurer — is what determines whether those tools remain available. If you have been injured in a hit-and-run anywhere in the Charleston area, contact Traywick Law Offices for a free consultation before accepting any settlement or giving any recorded statement to your own insurance company.