Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith Refusal to Pay
9. Damages
10. Stacking of Coverage
11. Prayer for Relief
12. Verification

Caption

STATE OF SOUTH CAROLINA

COUNTY OF [COUNTY NAME]

IN THE COURT OF COMMON PLEAS

[JUDICIAL CIRCUIT] JUDICIAL CIRCUIT

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is a citizen and resident of [COUNTY] County, South Carolina, and is an insured under the automobile insurance policy described herein.

2. Defendant [TORTFEASOR NAME] ("Defendant Motorist") is, upon information and belief, an individual who [☐ resides in [COUNTY] County, South Carolina / ☐ whose address is unknown].

3. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the State of South Carolina, with its principal place of business at [INSURER ADDRESS], and is named as a party defendant pursuant to S.C. Code Ann. § 38-77-150 and/or § 38-77-160.

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to S.C. Code Ann. § 15-7-10 et seq.

5. Venue is proper in [COUNTY] County pursuant to S.C. Code Ann. § 15-7-30 because [☐ the accident occurred in this county / ☐ Defendant Motorist resides in this county / ☐ Defendant Insurer transacts business in this county].

6. The amount in controversy exceeds the jurisdictional minimum for the Court of Common Pleas.

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY], [COUNTY] County, South Carolina.

8. At said time and place, the Defendant Motorist negligently, recklessly, willfully, and/or wantonly operated a motor vehicle, causing a collision with Plaintiff's vehicle.

9. The Defendant Motorist's negligent, reckless, willful, and/or wanton acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Other: [________________________________]

10. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff did not execute a valid written rejection of UM coverage as permitted by S.C. Code Ann. § 38-77-170.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

16. The Defendant Motorist was uninsured at the time of the accident within the meaning of S.C. Code Ann. § 38-77-150, in that [☐ the Defendant Motorist had no bodily injury liability insurance in effect / ☐ the Defendant Motorist is unknown (hit-and-run) / ☐ the Defendant Motorist's insurer has denied coverage / ☐ the Defendant Motorist's insurer is insolvent].

☐ Underinsured Motorist (UIM) Claim:

17. The Defendant Motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Plaintiff for damages sustained, thereby qualifying as underinsured under S.C. Code Ann. § 38-77-160.

18. Plaintiff has exhausted or is prepared to exhaust the Defendant Motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

19. Defendant Insurer was served with copies of the pleadings in the underlying action and given the opportunity to appear and defend as required by S.C. Code Ann. § 38-77-160.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

20. Plaintiff incorporates by reference all preceding paragraphs.

21. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

22. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

23. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

24. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

Second Cause of Action

Bad Faith Refusal to Pay Insurance Benefits

25. Plaintiff incorporates by reference all preceding paragraphs.

26. Under South Carolina law, an insurer has a duty to deal with its insured in good faith and to pay valid claims promptly.

27. Defendant Insurer has acted in bad faith by:

☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Unreasonably denying benefits without factual justification
☐ Failing to attempt in good faith to effectuate a prompt and fair settlement
☐ Compelling Plaintiff to initiate litigation to recover amounts due
☐ Refusing to pay a claim without conducting a reasonable investigation based upon all available information
☐ Other: [________________________________]

28. Defendant Insurer's refusal to pay was without reasonable cause and in bad faith, entitling Plaintiff to consequential damages, attorney's fees, and costs.

Damages

29. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Punitive damages (against tortfeasor for reckless/willful conduct): According to proof
☐ Bad faith damages (against insurer): According to proof
☐ Attorney's fees and costs
☐ Prejudgment interest

Stacking of Coverage

30. Plaintiff is entitled to stack UM/UIM coverage under the Policy pursuant to S.C. Code Ann. § 38-77-160.

31. At the time of the accident, the following vehicles were insured under the Policy or other policies issued by Defendant Insurer to Plaintiff:

a. Vehicle 1: [YEAR MAKE MODEL] — UM/UIM limits: $[AMOUNT]
b. Vehicle 2: [YEAR MAKE MODEL] — UM/UIM limits: $[AMOUNT]
c. Vehicle 3: [YEAR MAKE MODEL] — UM/UIM limits: $[AMOUNT]

32. Plaintiff is entitled to stack UM/UIM limits up to the coverage applicable to the vehicle involved in the collision.

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

1. For compensatory damages against Defendant Motorist in an amount according to proof at trial;
2. For UM/UIM policy benefits against Defendant Insurer in the full amount owed under the Policy;
3. For stacked UM/UIM coverage as permitted by S.C. Code Ann. § 38-77-160;
4. For punitive damages against Defendant Motorist for reckless/willful conduct;
5. For bad faith damages against Defendant Insurer;
6. For attorney's fees and costs;
7. For prejudgment interest as permitted by law; and
8. For such other and further relief as this Court deems just and proper.

Verification

I, [PLAINTIFF FULL NAME], verify under oath that the foregoing is true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

Sworn to and subscribed before me this [____] day of [____________], [________].

Notary Public: [________________________________]
My Commission Expires: [__/__/____]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], SC Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], South Carolina [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — South Carolina

Sources and References

• S.C. Code § 38-77-150 — Justia (2024)
• S.C. Code § 38-77-160 — Justia (2024)
• S.C. Code Title 38, Chapter 77 — SC Legislature
• South Carolina UIM FAQ — Goings Law Firm