Uninsured/Underinsured Motorist Complaint - South Carolina

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. Cause of Action — Negligence and Recklessness
8. Damages
9. Prayer for Relief
10. 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. [INSURANCE COMPANY NAME] issued Plaintiff’s [☐ UM / ☐ UIM] coverage. Plaintiff will serve copies of the pleadings establishing the motorist’s liability on that insurer as required by S.C. Code Ann. § 38-77-150(B) (UM) or § 38-77-160 (UIM). The insurer may appear and defend in the Defendant Motorist’s name.

Jurisdiction and Venue

4. The Court of Common Pleas is the civil division of the Circuit Court. Under S.C. Const. art. V, § 11, the Circuit Court is a general trial court with original civil jurisdiction except where exclusive jurisdiction is assigned to an inferior court. Plaintiff must confirm that no case-specific exclusive-jurisdiction rule applies.

5. Venue is alleged to be proper in [COUNTY] County under S.C. Code Ann. § 15-7-30 because [STATE WHERE THE MOTORIST RESIDED WHEN THE CLAIM AROSE OR WHERE THE MOST SUBSTANTIAL PART OF THE ALLEGED ACT OR OMISSION OCCURRED].

6. Plaintiff claims damages of $[________________] or an amount to be determined by the factfinder. S.C. Code Ann. § 22-3-10(2) gives magistrates concurrent jurisdiction over specified personal- or property-injury damages actions when the damages claimed do not exceed $7,500; that ceiling is not a minimum amount-in-controversy requirement 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 [INSURANCE COMPANY NAME], 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 or selection of lower UM/UIM coverage limits on the form prescribed pursuant to S.C. Code Ann. § 38-77-350.

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].

16A. [For hit-and-run claims only:] Plaintiff reported the accident to [LAW ENFORCEMENT AGENCY] within a reasonable time after its occurrence, and [☐ the collision involved physical contact with the unknown vehicle / ☐ the accident was witnessed by [WITNESS NAME], who has signed (or will sign) an affidavit attesting to the facts of the accident as required by S.C. Code Ann. § 38-77-170(B) / ☐ Plaintiff possesses a video or electronic recording of the accident showing the unknown vehicle caused the injury or damage]. Plaintiff was not negligent in failing to determine the identity of the unknown owner or operator, as required by S.C. Code Ann. § 38-77-170.

☐ 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. Plaintiff will serve copies of the pleadings establishing the motorist’s liability on the UIM insurer in the manner provided by law under S.C. Code Ann. § 38-77-160.

Cause of Action

Negligence and Recklessness Against Defendant Motorist

20. Plaintiff incorporates the preceding allegations.

21. Defendant Motorist owed Plaintiff a duty to operate the vehicle with reasonable care and breached that duty through the acts described above.

22. Defendant Motorist’s conduct directly and proximately caused the collision and Plaintiff’s injuries. If supported by the facts, the conduct was reckless, willful, or wanton because [DESCRIBE FACTS].

Damages

23. Plaintiff seeks damages caused by the collision, including the following supported losses:

☐ Past and future medical expenses: $[AMOUNT]
☐ Past lost earnings and future loss of earning capacity: $[AMOUNT]
☐ Pain and suffering: $[AMOUNT]
☐ Property damage: $[AMOUNT]
☐ Other: [DESCRIBE]

Prayer for Relief

WHEREFORE, Plaintiff requests judgment against Defendant Motorist for:

1. Compensatory damages in an amount proven at trial;
2. Punitive damages if reckless, willful, or wanton conduct is proved;
3. Costs and any other relief allowed by law.

The UM/UIM insurer receives the pleadings and may defend in the motorist’s name under S.C. Code Ann. § 38-77-150(B) or § 38-77-160. This complaint seeks no direct judgment against the insurer.

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 Title 38, Chapter 77 (full chapter, official) — SC Legislature
• S.C. Code § 38-77-140 — SC Legislature
• S.C. Code § 38-77-150 — SC Legislature
• S.C. Code § 38-77-160 — SC Legislature
• S.C. Code § 38-77-170 (amended 2024 Act No. 180) — SC Legislature
• S.C. Code § 38-77-180 (John Doe actions) — SC Legislature
• S.C. Code § 38-77-200 (arbitration clause prohibited) — SC Legislature
• S.C. Code § 38-77-350 (form for written rejection/selection of optional coverage) — SC Legislature
• Nichols v. State Farm Mut. Auto. Ins. Co., 279 S.C. 336 (1983) — Justia
• Hood v. United Servs. Auto Ass'n, Op. No. 28249 (S.C. Jan. 8, 2025) — SC Courts
• South Carolina UIM FAQ — Goings Law Firm