Does South Carolina Allow UM/UIM Stacking? What 38-77-160 Says

By the FigureMyTax Editorial Team · How we calculate

Not across the vehicles you insure. Section 38-77-160 protects you only to the extent of the coverage on the vehicle involved in the accident, or on any one of your vehicles if none was involved.

The vehicle-involved rule

Section 38-77-160 says an insured or named insured protected by UM or UIM in excess of the basic limits is protected only to the extent of the coverage on the vehicle involved in the accident, and if none of the vehicles is involved, only to the extent of the coverage on any one of the vehicles with the excess or underinsured coverage.

Required and optional coverage

Section 38-77-150 requires UM in every policy, in at least the minimum liability limits. Section 38-77-140 sets those at $25,000 per person, $50,000 per accident and $25,000 for property. Section 38-77-160 requires insurers to offer, at your option, additional UM and underinsured coverage up to your liability limits.

How UIM works

Underinsured coverage applies to damages in excess of the liability limits carried by the at-fault driver or in excess of any damages cap imposed by statute. Benefits paid are not subject to subrogation and assignment.

Procedure

No UIM action may be brought unless copies of the pleadings establishing liability are served on the UIM insurer, which may appear and defend in the name of the underinsured motorist and has thirty days after service to appear. A UIM policy may not require the insurer's consent to settle with the at-fault party.

How to use this

Compare the results in the South Carolina UM/UIM stacking calculator, start with the plain-English stacked versus single-limit explainer, and read how South Carolina UM and UIM work.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Carolina's rules apply to your specific case with a licensed South Carolina attorney.