Hit-and-Run Accident Lawyer in Lexington
People-Oriented Legal Support in Lexington, South Carolina Since 1982
A hit-and-run injury claim can involve your own uninsured motorist coverage even when police haven’t identified the other driver. The Rick Hall Law Firm, LLC represents injured individuals and families in Lexington, South Carolina, addressing the insurance and civil liability issues that follow these crashes.
We focus on our clients’ well-being while pursuing damages for the losses caused by an accident.
Call (803) 590-9900 to discuss your Lexington hit-and-run accident with our firm.
Uninsured Motorist Claims After a Lexington Hit-and-Run
South Carolina requires every automobile insurance policy to include uninsured motorist coverage, which can’t be waived. Whether a policy covers an accident and how much coverage is available depend on its terms, the evidence, and the circumstances of the crash.
S.C. Code § 38-77-170 establishes requirements for claims involving an unidentified driver. The claimant must report the accident to the appropriate police authority within a reasonable time and must not have been negligent in failing to identify the driver or vehicle.
The claim must also be supported by at least one of the following:
- Physical contact between the unknown vehicle and the claimant or the vehicle they occupied.
- A witness affidavit from someone other than the insured stating that an unknown vehicle caused the accident.
- A recording that shows the accident involving the unidentified vehicle.
The physical contact requirement doesn’t apply when a qualifying witness affidavit or recording supports the claim. Coverage for a pedestrian or cyclist without an automobile policy depends on the applicable insurance policies and their terms.
Claims Against an Unknown Driver
South Carolina law permits a claimant to bring a civil action against an unknown hit-and-run driver under the name John Doe. This placeholder name allows the case to proceed when the responsible person hasn’t been identified. The claimant’s insurer can defend the case on the unknown driver’s behalf.
This procedure doesn’t make compensation automatic. The claimant must still establish liability, damages, compliance with the unidentified-driver requirements, and the availability of applicable coverage.
South Carolina Law Requires Drivers to Stop
A driver involved in an accident causing injury or death must stop at the scene, or as close to it as possible, and remain until completing the legally required duties. A driver may temporarily leave to report the accident to law enforcement.
The criminal consequences under S.C. Code § 56-5-1210 depend on the harm caused:
- Minor injury: A misdemeanor carrying 30 days to one year in jail and a fine of $100 to $5,000.
- Great bodily injury: A felony carrying 30 days to 10 years in prison and a fine of $5,000 to $10,000.
- Death: A felony carrying one to 25 years in prison and a fine of $10,000 to $25,000.
Those penalties concern the prosecution of the fleeing driver. A claimant’s insurance claim or civil case is separate and focuses on liability, available coverage, and compensable losses.
Compensation & Filing Deadlines for Injury Claims
We pursue civil damages for medical expenses, lost wages, and property damage. A claim’s potential value depends on the injuries, documented losses, available evidence, applicable insurance coverage, and findings about fault.
South Carolina uses modified comparative negligence. A claimant may recover damages when their share of fault doesn’t exceed 50 percent, although the recovery may be reduced by that percentage.
The personal injury filing deadline is generally three years from the accident date under S.C. Code § 15-3-530(5). Insurance notice requirements and evidence concerns may arise much sooner, so waiting until the end of that period can create avoidable obstacles.
Preserving Evidence After a Hit-and-Run Crash
Report the collision to law enforcement promptly and obtain the police report information when available. Timely reporting may satisfy a statutory requirement for a claim involving an unidentified driver.
Save photographs, recordings, damaged property, medical records, and insurance correspondence. When possible, collect witness names and contact information. Locating independent witnesses can be especially important because a qualifying affidavit may support the claim when there was no physical contact.
Our hit-and-run accident lawyers can evaluate the evidence, review the requirements for unidentified-driver coverage, communicate with insurance companies, and prepare a John Doe civil claim when appropriate. We also address insurer defenses involving fault, policy terms, notice, and compliance with statutory conditions.
Clients can call us on nights, weekends, and holidays. If the opposing side won’t agree to favorable terms, we’re prepared to take the case to trial.
Arrange a Free Hit-and-Run Consultation
We offer free consultations to discuss the crash and possible next steps. Home and hospital visits are available for clients who have difficulty traveling.
Call (803) 590-9900 to speak with our firm about your Lexington hit-and-run injury claim.
Our Settlements & Verdicts
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$2,000,000 Wrongful Death
Wrongful death and survival action in which our client’s husband was killed after being struck by a tractor that had just collided with a wide load.
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$1,000,000 Defective Product
The plaintiff and her two children, causing severe burns which resulted in extensive burn treatment, including skin grafts.
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$550,000 Negligently Performed Hip Operation
The client suffered as a result of a negligently performed hip operation.
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$550,000 Neck Injury
The client suffered severe neck injury due to a rear-end collision.
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$550,000 Severe Burn
The plaintiff was struck in the neck by a shell fired from a defective Sixteen Shot Super Stallion causing severe burn injuries to neck that required multiple surgeries.
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$525,000 Tractor-Trailer Collision
The plaintiff suffered neck pain and injury. Plaintiff was hit by a tractor-trailer whose driver was talking on the cell phone and not paying attention.
Hear It From Our Clients
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"This man doesn't back down"He's the best lawyer I've ever had. He stuck by me and my daughter for 5 years until he got her the justice she deserved after a medical malpractice incident when she was still a newborn.Ashley L.
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"I wasn't just another case to him"I want to thank Mr. Hall and everyone in his office that helped me with my case. They are the most courteous and professional group I can recall working with when I needed help.Tripp R.
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"The best!"
You are the most awesome lawyer ever... the best! And his staff... the very best.
Cheryl T. -
"He takes your case personally"Rick Hall represented my family in a case that involved the wrongful death of our mother. I can tell you, from my heart, that this man and his staff care deeply.Vivian G.
