Uninsured vs. Underinsured Motorist Coverage in South Carolina

By the FigureMyTax Editorial Team · How we calculate

South Carolina requires basic uninsured motorist coverage and offers underinsured coverage at your option up to your liability limits. UIM covers damages in excess of the at-fault driver's liability limits, and your insurer cannot require consent to a settlement.

Basic UM

S.C. Code 38-77-150 requires every auto policy to undertake to pay all sums you are legally entitled to recover as damages from the owner or operator of an uninsured vehicle, within limits no less than the minimum liability requirements. It also requires at least $25,000 for property damage with a possible $200 exclusion. Benefits are subject to subrogation only if the uninsured driver chose to be uninsured by paying the statutory fee.

Optional UIM

Section 38-77-160 requires insurers to offer underinsured coverage up to your liability limits for damages in excess of the liability limits carried by an at-fault driver. UIM benefits are not subject to subrogation.

Fault

The apportionment statute (S.C. Code 15-38-15) refers to the applicable rules concerning comparative negligence. We did not read the court decisions that set the rule, which is widely described as barring a plaintiff whose fault is greater than 50 percent. Ask an attorney about your facts.

Deadlines

Most injury actions must be commenced within 3 years (S.C. Code 15-3-530). Serve the pleadings establishing liability on your UIM insurer before bringing a UIM action.

Next steps

Stacking is a separate question; see our statute post and the explainer, then use the South Carolina UM/UIM stacking calculator.

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.