A drunk driver ran a red light and crashed into your vehicle. You suffered a traumatic brain injury requiring weeks of hospitalization. The at-fault driver's insurance carries only the minimum $25,000 per-person bodily injury limit. It may not come close to covering your medical bills.
A South Carolina car accident attorney may help you access additional insurance coverage through stacking. Under certain circumstances defined by South Carolina Code § 38-77-160, you may be able to combine underinsured or uninsured motorist coverage limits, potentially increasing the compensation available for your injuries.
What Is Stacking Coverage and Why Does It Matter?
Stacking coverage can mean combining UM/UIM limits from multiple insurance policies where permitted by law. South Carolina law contains important limitations on when and how stacking applies based on your classification as an insured and whether one of your insured vehicles was involved in the accident.
Vehicle Involvement Controls Coverage
South Carolina Code § 38-77-160 ties uninsured and underinsured coverage protection to the vehicle involved in the accident. If you have UM/UIM in excess of the basic limits, § 38-77-160 and related case law generally limit protection to the coverage on the vehicle involved.
In some situations, additional coverages may apply depending on how courts interpret the statute and your policy language. If none of your insured vehicles is involved in the accident, your coverage is limited to the UM/UIM limits of any one vehicle on your policy, regardless of how many vehicles you own.
Class I vs. Class II Insureds
South Carolina coverage stacking rules depend heavily on your status as an insured party. Class I insureds (the named insured and resident relatives) generally have broader stacking rights than Class II insureds (other permissive users). If you're a Class I insured, the interplay between your status and vehicle involvement determines what coverage may be available.
Intrapolicy Stacking
When one of your insured vehicles is involved in an accident, you may be able to access coverage from multiple vehicles listed on a single insurance policy in certain circumstances. The outcome depends on policy language and how courts interpret § 38-77-160's stacking provisions.
Interpolicy Stacking
This combines UM/UIM coverage from separate insurance policies, typically your own vehicle policy plus coverage through a spouse's policy or employer-provided coverage. Interpolicy stacking also faces limitations based on vehicle involvement and insured classification.
When Does Stacking Make the Biggest Difference?
Coverage stacking can become essential in specific car accident scenarios where damages far exceed the at-fault driver's insurance limits.
- Catastrophic injuries. Traumatic brain injuries, spinal cord damage, and severe burns can generate medical bills in the hundreds of thousands of dollars, quickly exhausting minimum liability policies.
- Hit-and-run accidents. When the at-fault driver flees and is never identified, your uninsured motorist coverage becomes your primary compensation source.
- Uninsured drivers. Approximately 10.3% of South Carolina drivers operate without insurance. When an uninsured driver causes serious injuries, stacking can increase the UM/UIM limits available when the legal requirements are met.
- Multi-vehicle households with proper coverage. Each vehicle on your policy represents additional coverage you've paid for through premiums.
Uninsured motorist coverage is mandatory in South Carolina, but underinsured motorist coverage is optional. Many drivers discover after an accident that they don't have UIM coverage or that their limits are lower than expected.
How Do Insurance Companies Try to Deny Stacked Coverage Claims?
Insurance companies regularly employ strategies to deny stacked coverage claims, even when you may be legally entitled to that protection.
- Claiming policy language prohibits stacking. Companies point to anti-stacking provisions in policies as proof that stacking doesn't apply. Your attorney must understand both case law and statutory requirements to effectively challenge these denials.
- Arguing the vehicle involvement limitation bars your claim. If you were injured as a passenger in someone else's vehicle or while driving a non-insured vehicle, insurers may assert that you're limited to one vehicle's worth of coverage.
- Offering quick settlements before you discover stacking rights. If you settle before complying with the statutory notice and service requirements, you can jeopardize your UIM claim strategy and potentially compromise your ability to pursue additional coverage.
Why You Need an Attorney for Stacking Claims
Stacking claims involves statutory interpretation, policy analysis, insured classification, and procedural requirements. Your attorney:
- Determines your classification and vehicle involvement status. Whether you qualify as a Class I insured and whether one of your insured vehicles was involved fundamentally affects your stacking rights.
- Analyzes policy language against statutory requirements. Understanding how your specific policy language interacts with § 38-77-160's framework requires knowledge of South Carolina Supreme Court decisions interpreting these provisions.
- Handles UIM procedural requirements. Properly serving pleadings on UIM carriers and managing settlement timing protects your right to pursue all available coverage.
- Challenges invalid coverage denials. When insurers cite the vehicle involvement limitation or policy anti-stacking provisions, your attorney knows how to evaluate whether those defenses actually apply to your situation.
At Pracht Injury Lawyers, we've helped South Carolina car accident victims access stacked coverage when legally available, often significantly increasing their recovery. Don't let inadequate insurance coverage leave you with crushing medical debt. Our experienced Anderson car accident lawyers are ready to fight for every dollar of coverage you may be entitled to receive.