Have you ever wondered what would happen if you had a car accident due to the negligence of someone else but you had no way of identifying the negligent party? South Carolina law requires every motor vehicle owner to carry uninsured motorist (UM) insurance, which may allow you to file a lawsuit ostensibly against the “John Doe” who caused the accident, and, if the suit is successful, your UM carrier will be liable for the damages ultimately awarded by the courts (up to the amount of your policy limits).
In theory, this might sound a little bit like shooting fish in a barrel; after all, you and your insurance company are on the same side, right? Unfortunately, no, you are not. Proceedings against a UM carrier can be just as adversarial – sometimes, even more adversarial – than a run-of-the-mill lawsuit in which the actual defendant is known and present at trial. Continue reading