“Stacking” is a practice that allows you to maximize your coverage in the event of an accident with an underinsured motorist. However, the practice also introduces some new complexities into the claims process that you’d need to navigate. Call The Hartman Law Firm, LLC to discuss your case with an experienced Charleston car accident lawyer who can advise you on whether you are eligible for financial compensation.
You never know how much insurance the other driver involved in your accident has, or even if they have insurance at all. For your sake, it makes sense for you to maximize the amount of uninsured or underinsured motorist coverage that you purchase with your own insurance company.
How Uninsured/Underinsured Motorist Coverage Works in South Carolina
South Carolina has different laws regarding uninsured and underinsured motorist coverage. A driver doesn’t need to have underinsured motorist coverage. They have to purchase this on their own, although the insurance company is required to offer them this coverage.
A driver must have uninsured motorist coverage. While this could be an expense you pass on, this type of coverage protects you because you never know whether other drivers will follow the law. You must have at least $25,000 of coverage per person and $50,000 of coverage per accident.
Underinsured motorist coverage would supplement the other driver’s insurance if they did not have enough to pay your damages following an accident. If they were to blame for the accident, you would first file a claim against their insurance policy until you have reached the maximum amount of coverage. Then, you would file a claim against your underinsured motorist coverage.
Your insurance company would be responsible for paying the rest of the damages up to your policy limit.
If the other driver does not have insurance, you would file a claim directly against your policy.
Your insurance company would be the sole payer of your damages. Still, you would need to prove liability and that the other driver was to blame for the crash.
You Often Need Additional Coverage Because the Driver Does Not Have Enough
Car insurance damages can add up very quickly. Even what you may think of as a minor injury could result in thousands of dollars in medical bills.
People are economizing far more often now that the cost of insurance has skyrocketed. When other drivers purchase bare-bones car insurance policies, more of the burden of covering your cost falls onto you. The last thing you want is to be without enough insurance coverage when you have suffered serious car accident injuries.
You should be prudent and pragmatic when it comes to purchasing these extra coverages.
Ideally, you should have as much underinsured and uninsured motorist coverage as you have for accidents with third parties. This way, you are protected to the fullest extent possible, and you have some peace of mind to know that your accident damages will be covered no matter what.
How Stacking Insurance Works in South Carolina
You may try to find various ways to augment your coverage to protect yourself to the fullest extent possible. Stacking is one solution that drivers use to get more coverage in the event of an accident.
Stacking in an insurance context means that you combine coverage from multiple vehicles.
Some states may only allow you to rely on coverage that is provided for one vehicle only. South Carolina law allows you to stack car insurance policies, but only to an extent. You should take full advantage of the ability to stack insurance because you never know when you may need access to more coverage.
Hypothetically, if the other driver only had $50,000 in insurance coverage, you may have another $50,000 in underinsured motorist coverage, which gives you the ability to cover $100,000 worth of injuries.
Your injuries could be greater than that amount, however. If you have two other vehicles on your policy, each with an underinsured motorist coverage limit of $50,000, you can access that coverage for your injuries. Then, you may have up to $200,000 worth of damages covered.
South Carolina law only allows you to claim up to the amount of insurance coverage that you have on the primary vehicle. For example, if you only have $100,000 in insurance coverage on the vehicle, stacking cannot allow you to exceed that amount when you are seeking damages.
You Need an Attorney in an Underinsured Motorist Accident
Stacking insurance policies can be very complex when claiming coverage. You need an experienced attorney to help you figure out your legal rights and where you would go for compensation. Do not forget that you still need to prove liability, even when you are dealing with an underinsured motorist.
Regardless of where you need to file your claim, you would still need to negotiate with the insurance company. Do not fall into the trap of thinking that “your” insurance company is the friendly face that they present themselves to be when they are trying to get your business in the first place.
They use the same tactics as any other insurance company, and you still need an attorney to contend with them on your behalf. Your case could be even more complex because you would need to negotiate with two insurance companies that are after their interests. The good news is that attorney Frank Hartman is not afraid to stand up on behalf of his clients and fight for every dollar they’re owed.
Contact a Charleston Car Accident Lawyer Today
Frank and his team at The Hartman Law Firm, LLC take your legal rights seriously. Fighting for injured car accident victims like you is the entire reason we run our firm. When there are multiple insurance policies at play, you can count on us to go after the maximum value it takes to make you whole.
You can schedule a free initial consultation to speak with Frank by sending us a message online or by calling us today at 843.300.7600. We never charge any money upfront, and we are never paid if you do not win.