Legal Question in Traffic Law in South Carolina

Liability for Hit and Run--Driving ''without permission''

Recently I was rear-ended, and the other driver fled the scene of the accident. Because it occurred at a busy intersection, I had many witnesses who corroborated both my report of the accident and the license plate number. The police filed a report, but were unable to catch the driver.

We were able to determine the car's owner by the license plate number and pursued his insurance company to pay for my car damage and medical bills. First the company told us that the owner filed a claim saying that his car was hit while parked, and denied any kind of involvement in the accident. When confronted with the overwhelming evidence to the contrary, the company changed its story and said that the car was involved, but was driven by someone without permission and therefore was not their responsibility.

Is there any recourse for us? We have uninsured motorist coverage, but a high deductible.


Asked on 6/14/02, 9:49 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Liability for Hit and Run--Driving ''without permission''

Yes, there are a number of possiblities. I think you need a lawyer to put some heat on the insurance company. You can put them in a position whereby they would have to prove that the car was stolen. The threat of, or an actual lawsuit might do that. Can the witnesses describe the driver? How is it that they say the car was parked when hit, and then later say that someone other than the owner was driving. Are they also saying that the person who was driving without permission is the one that parked the car? Is there a police report from the so-called accident while the car was parked? Is there a police report for a stolen car? If there is no police report, then how do we know the person didn't have permission to drive? These are just some of the questions that an attorney would pose to the insurance company. There are other avenues that could be explored. Your welcome to call. Robert Johnston (843) 828-1137

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Answered on 6/14/02, 3:06 pm


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