25
Apr

ACCIDENTS WHERE A VEHICLE FORCES A CAR OFF THE ROAD OR THE DRIVER GOES OFF THE ROAD TO AVOID AN ACCIDENT BUT THERE IS NO CONTACT BETWEEN THE VEHICLES.

If a car runs another vehicle off the road or causes a wreck, but there is no contact between the vehicles and the at-fault vehicle leaves the scene or the driver of the vehicle stays but denies what happened, S.C. Code § 38-77-170 allows you to make an uninsured motorist claim if you have the required proof and otherwise follow the statute.

Under the statute you must do the following:

1. You, the insured, or someone in your behalf must report the accident to the appropriate police authority within a reasonable time. The statute does not define what is reasonable but I would say report it as soon as possible. You can report it by calling the police agency and getting them to come to the scene of the accident or by filling out a SC Dept. of Motor Vehicles Form FR-309 and taking it to the local police with jurisdiction or mailing it to the address on the form.

2. If there is no contact between your vehicle and the other vehicle you must have a witness other than the owner or driver of your vehicle.
Therefore if you are driving by yourself and are run off the road but there were no witnesses to the accident you will not have the required proof to make an uninsured motorist claim and would have to make a collision claim, assuming you have that coverage.

3. The witness, other than the owner or driver of the vehicle, must sign an affidavit or statement attesting to the truth of how the accident took place. *** There is special language in the above cited statute that must be included in the witness’s affidavit.

Give us a call and set up an appointment with Jim to discuss your case. (864) 585-4777. jim@jimspearslaw.net