Dedicated Advocacy for Hit and Run Victims in Myrtle Beach and Florence
A hit and run accident occurs when a driver flees the scene of a collision without stopping to identify themselves, exchange information, or assist anyone who may be injured. If you were hurt in a hit and run in South Carolina, you may still have legal options to recover compensation for your medical bills, lost wages, and other damages. Our South Carolina hit and run accident attorneys at Willcox, Buyck & Williams, PA investigate these cases, identify all available insurance coverage, and pursue every avenue of recovery on your behalf. From our offices in Florence and Myrtle Beach, we serve accident victims across Eastern South Carolina with the experience and resources of a firm founded in 1895.
Why Choose Willcox, Buyck & Williams for Your Hit and Run Case?
When a driver leaves you injured at the scene, you need attorneys who understand both the criminal laws and the civil recovery process in South Carolina. Willcox, Buyck & Williams, PA provides:
- Over 125 years of continuous legal practice in South Carolina
- Attorneys recognized in Best Lawyers in America for Personal Injury Litigation
- A Fellow of the American College of Trial Lawyers and ABOTA Diplomats on staff
- A former U.S. Attorney with extensive federal and state courtroom experience
- Proven ability to handle complex personal injury and insurance coverage disputes
- Two convenient locations in Florence and Myrtle Beach for clients across the Grand Strand and Pee Dee regions
We combine the litigation resources of a larger firm with the personalized, one-on-one attention you deserve during a stressful time.
What Should You Do After a Hit and Run Accident in South Carolina?
Taking the right steps immediately after a hit and run can protect both your health and your legal rights. From a legal perspective, the steps you take can significantly influence whether you receive fair compensation for your injuries and losses.
We recommend the following actions:
- Stay at the scene and call 911 to report the accident and request medical assistance
- Note everything you can recall about the fleeing vehicle, including make, model, color, and license plate number
- Photograph damage to your vehicle, your injuries, and the surrounding scene, including skid marks or debris
- Collect contact information from any witnesses who may have seen the collision
- Seek medical attention promptly, even if you feel your injuries are minor, since some conditions like whiplash or concussions may not appear right away
- Report the accident to your own insurance company as required by your policy
- Contact an attorney before providing detailed statements to insurance adjusters
There may be security cameras in the vicinity, and you will need to move quickly to preserve the video because some CCTV operators erase their footage every 24 hours. An attorney can help preserve this critical evidence before it disappears.
How Does South Carolina Law Address Hit and Run Drivers?
It is a crime in South Carolina for drivers to flee the scene of an accident. The state’s motor vehicle code, particularly Sections 56-5-1210 through 56-5-1250, imposes specific duties on every driver involved in a collision. The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible. Drivers must also exchange identifying information and render reasonable assistance.
The criminal penalties for leaving the scene depend on the severity of injuries caused:
- Property damage only (attended vehicle):
A misdemeanor, with imprisonment of up to one year or a fine of $100 to $5,000, or both
- Injury without great bodily harm or death:
A misdemeanor, with imprisonment of 30 days to one year or a fine of $100 to $5,000, or both
- Great bodily injury:
A felony, with imprisonment of 30 days to 10 years and a fine of $5,000 to $10,000
- Death:
A felony, with imprisonment of one to 25 years and a fine of $10,000 to $25,000
The Department of Motor Vehicles shall revoke the driver’s license of the person convicted pursuant to this section. While criminal prosecution may hold the fleeing driver accountable, it does not compensate you for your injuries. A separate civil claim or insurance recovery is necessary to address your financial losses.
Can You Recover Compensation if the Hit and Run Driver Is Never Found?
One of the most pressing concerns after a hit and run is whether you can still receive compensation when the at-fault driver is unidentified. In South Carolina, the answer is often yes, thanks to mandatory uninsured motorist (UM) coverage. South Carolina law requires that you purchase liability and uninsured motorist coverage to drive legally in the state.
UM coverage pays if you are injured and/or your property is damaged by a hit-and-run driver or an uninsured driver. South Carolina law requires you to carry uninsured motorists coverage equal to the minimum amounts of liability coverage (25/50/25).
However, there are specific conditions you must meet to file a UM claim when the driver is unknown. There is no right of action or recovery under the uninsured motorist provision unless:
- You reported the accident to police within a reasonable time
- The injury was caused by physical contact with the unknown vehicle or a witness can provide a signed affidavit
- You made reasonable efforts to identify the other driver
Meeting these requirements is where an experienced attorney becomes essential. Our team at Willcox, Buyck & Williams can help you satisfy each condition and negotiate with your insurance company for fair compensation.
What Compensation Can You Pursue After a Hit and Run?
Victims of hit and run accidents in South Carolina may seek several types of damages, whether through a civil lawsuit against an identified driver or through an uninsured motorist claim. Recoverable damages typically include:
- Medical expenses, including emergency care, surgeries, rehabilitation, and future treatment
- Lost wages and diminished earning capacity
- Property damage, including vehicle repair or replacement costs
- Pain and suffering and emotional distress
- Loss of enjoyment of life
There are no caps on economic and non-economic damages you can be awarded in a South Carolina hit-and-run accident case. If the at-fault driver is identified and their conduct was particularly reckless, punitive damages may also be available. With punitive damages, there is a cap of $500,000 or three times the amount of your economic or non-economic damages, whichever amount is larger.
What Is the Deadline to File a Hit and Run Injury Claim in South Carolina?
Time limits are critical in any personal injury case. South Carolina law sets a deadline for filing a personal injury lawsuit known as the statute of limitations. Typically, you have three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, you have three years from the date of the death caused by the accident.
Missing this deadline can permanently bar your claim. Additionally, evidence fades quickly in hit and run cases. Surveillance footage may be overwritten, witnesses may forget details, and physical evidence at the scene deteriorates. Contacting an attorney as soon as possible after a hit and run in Florence, Myrtle Beach, or anywhere in South Carolina gives your legal team the best chance to build a strong case.
Talk to a Hit and Run Accident Attorney in Florence or Myrtle Beach
If you or a loved one was injured in a hit and run accident in South Carolina, Willcox, Buyck & Williams, PA is ready to help you explore your legal options and pursue the compensation you deserve. With more than a century of service to the Florence and Myrtle Beach communities, we understand the local courts and the insurance challenges these cases present. Contact our team today to schedule a free consultation.
How long do police investigate a hit and run in South Carolina?
The length of a police investigation depends on the severity of the collision and the available evidence. Cases involving serious injury or death generally receive more investigative resources. Providing detailed descriptions of the vehicle, any partial license plate information, and witness statements can help law enforcement identify the driver more quickly.
Does my car insurance rate go up if I file a hit and run claim?
Filing an uninsured motorist claim after a hit and run should not cause your rates to increase in most situations, since you were not at fault for the collision. However, every insurer handles claims differently. Reviewing your policy with an attorney can help you understand how a claim may affect your coverage and premiums.
What if the hit and run driver had no insurance?
If the fleeing driver is eventually identified but has no insurance, your own uninsured motorist coverage can still apply. Uninsured motorist coverage is insurance that potentially pays you if you are injured and/or your property is damaged by a hit-and-run driver or an uninsured driver. In South Carolina, all drivers are required by law to carry this coverage. You may also choose to file a civil lawsuit directly against the at-fault driver to recover additional damages, though collecting on a judgment against an uninsured individual can be challenging.