Underinsured Driver Pickup Truck Accident Claims

Being hit by a pickup truck is serious enough on its own. Finding out that the driver who hurt you does not carry enough insurance to cover your medical bills, lost wages, and pain makes a bad situation much worse. This is the reality of underinsured driver pickup truck crash claims in Charleston, SC, and it happens more often than most people expect. Pickup trucks are among the most common vehicles on Lowcountry roads, from the neighborhoods of West Ashley and North Charleston to the bridges and causeways that connect the Sea Islands. When one of these heavy vehicles hits you and the driver’s policy falls short, you need to know your legal options fast.

Table of Contents

What “Underinsured” Actually Means in South Carolina Pickup Truck Crashes

An underinsured driver is someone who carries auto liability insurance, but not enough of it to fully cover the injuries and losses they caused. This is different from an uninsured driver, who carries no coverage at all. Think of it this way: if a pickup truck driver rear-ends you on Interstate 26 near the Summerville interchange and your medical bills total $85,000, but the driver only carries $25,000 in bodily injury liability coverage, that driver is underinsured. The gap between what you need and what their policy pays is the problem.

South Carolina requires drivers to carry liability and uninsured motorist coverage with minimum limits of $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage per accident. Those minimums are low. A single emergency room visit after a serious pickup truck wreck can exceed that amount on its own.

In 2017, less than 11% of car crashes with injuries resulted in medical bills higher than the at-fault driver’s liability coverage. That figure rose to 14.7% in 2020, and by 2023, nearly one in five at-fault drivers did not have enough coverage to pay for medical expenses. That trend makes underinsured motorist (UIM) claims more common in Charleston every year, especially in pickup truck crashes where injuries tend to be severe.

Pickup trucks are heavier and sit higher than most passenger cars. When a loaded F-250 or a RAM 1500 strikes a smaller vehicle at highway speed, the force transferred to the occupants of the smaller car is enormous. Broken bones, spinal cord injuries, and traumatic brain injuries are common outcomes. These injuries require long-term treatment that quickly outpaces a minimum-limit policy.

South Carolina’s UIM Coverage Law and What It Requires Insurers to Offer You

South Carolina law gives you specific rights when it comes to underinsured motorist protection. Under S.C. Code § 38-77-160, automobile insurance carriers must offer, at the option of the insured, uninsured motorist coverage up to the limits of the insured’s liability coverage. Carriers must also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured’s liability coverage, to provide coverage in the event that damages are sustained in excess of the liability limits carried by an at-fault underinsured motorist.

Underinsured coverage, which covers you when the at-fault party in a crash does not have enough insurance to pay for all of your losses, is not mandatory in South Carolina. That means your insurer was required to offer it to you, but you had to accept it. In order to verify that a company offered you the optional underinsured motorist coverage, the company must have a signed form from you confirming whether you do or do not want the optional coverage.

If you purchased UIM coverage, your own insurer steps in to cover the gap after the at-fault pickup truck driver’s liability policy is exhausted. South Carolina courts have also confirmed that UIM coverage follows the person, as is the case with uninsured motorist coverage. This means your UIM protection travels with you, not just with the specific vehicle you were driving at the time of the crash.

There is also a pending legislative development worth noting. A 2026 South Carolina bill proposes to amend Section 38-77-150 to provide that an insurer may not increase an insured’s premium solely because the insured made a claim under his uninsured or underinsured motorist coverage, as long as the insured was not at fault in the crash leading to the claim. If passed, this would remove a major financial fear that stops many injured people from using the coverage they paid for.

Damages You Can Pursue After a Pickup Truck Crash with an Underinsured Driver

When a pickup truck driver’s liability policy does not cover your full losses, your UIM claim can seek the same categories of damages you would pursue directly from the at-fault driver. South Carolina personal injury law allows injured victims to recover both economic and non-economic damages. Understanding what you can claim is the first step toward making sure you are not left paying for someone else’s negligence.

Economic damages include your medical bills, both current and future. After a serious pickup truck wreck near the Ravenel Bridge or on US-17 through Mount Pleasant, you may face surgeries, physical therapy, prescription costs, and long-term rehabilitation. Future medical expenses are a recognized category of damages in South Carolina, and an attorney can work with medical professionals to project those costs accurately.

Lost wages matter too. If your injuries kept you off the job for weeks or months, that income loss is recoverable. If your injuries permanently affect your ability to earn at the same level, you can also claim loss of future earning capacity. These two categories alone can represent hundreds of thousands of dollars in serious injury cases.

Non-economic damages cover your pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to quantify but are very real consequences of a violent pickup truck collision. South Carolina does not cap non-economic damages in most personal injury cases, which means a strong case can result in meaningful recovery for these losses.

If a loved one was killed in a pickup truck crash caused by an underinsured driver, the family may have a wrongful death claim. South Carolina law allows surviving family members to pursue compensation for funeral costs, loss of financial support, and loss of companionship. Working with a pickup truck accident lawyer who understands how UIM policies interact with wrongful death claims is essential to protecting the full value of that case.

Why Pickup Truck Crashes Create Especially High UIM Claim Gaps in Charleston

Pickup trucks dominate South Carolina roads. They are used by construction crews working along the Neck Area of North Charleston, landscaping companies servicing neighborhoods in Daniel Island, utility workers maintaining lines across Berkeley and Dorchester Counties, and everyday drivers throughout the Lowcountry. The sheer size and weight of a modern full-size pickup creates a significant injury risk for anyone in a smaller vehicle.

When a heavily loaded work truck, a lifted pickup, or a dually towing a trailer strikes a passenger car, the resulting injuries are often catastrophic. Spinal cord damage, crush injuries, and severe head trauma are not uncommon. These injuries generate medical bills that can reach six or seven figures, making the gap between the at-fault driver’s minimum coverage and your actual losses enormous.

Crashes involving company-owned or employer-operated pickup trucks may also open the door to employer liability claims, which can bring additional insurance coverage into play. However, not every driver behind the wheel of a work truck is on the clock. A driver using a company truck for personal errands may leave you with only that driver’s personal minimum-limit policy. This is exactly the coverage gap that UIM protection is designed to fill.

Charleston’s road network adds to the risk. Bridges and causeways like the Don Holt Bridge and the James Island Connector create high-speed merging situations where a pickup truck crash can be especially violent. Rural routes leading into the city from Summerville, Ladson, and Goose Creek also see frequent pickup truck traffic, often at speeds that make underinsured crashes devastating. Consulting a truck accident lawyer who knows Charleston’s roads and how local crashes unfold gives you a real advantage in building your claim.

Steps to Take After a Pickup Truck Crash Involving an Underinsured Driver in Charleston

What you do in the hours and days after a pickup truck wreck directly affects the strength of your UIM claim. The first priority is always medical care. Get evaluated at MUSC Health or Roper St. Francis, even if you believe your injuries are minor. Adrenaline masks pain, and injuries like internal bleeding or spinal damage may not be immediately obvious. Your medical records become a foundation for your entire claim.

Do not speak to any insurance company, including your own, before you have talked with an attorney. Insurance adjusters, even those from your own insurer, are trained to gather information that can be used to reduce what you are paid. A recorded statement made before you understand your rights can seriously damage your UIM claim. This rule applies to every call, text, and email from any insurer after a crash.

Document everything you can at the scene. Photographs of vehicle damage, road conditions, skid marks, and visible injuries are valuable evidence. Get the pickup truck driver’s insurance information and license plate number. Under S.C. Code § 56-5-1230, drivers involved in a crash resulting in injury must provide their name, address, and vehicle registration information to any injured person.

Report the crash to Charleston County law enforcement or the South Carolina Highway Patrol. An official police report creates a contemporaneous record of the facts and establishes the other driver’s identity and insurance status. Once you have received medical attention and secured the scene information, contact a car accident attorney at Steinberg Law Firm right away. Time matters because evidence fades, witnesses move on, and the three-year filing deadline under S.C. Code § 15-3-530 begins running from the date of the crash.

How Steinberg Law Firm Handles Underinsured Pickup Truck Accident Claims in Charleston

For nearly 100 years, the firm has stood beside injured South Carolinians and their families at some of the hardest moments of their lives. Steinberg Law Firm has deep roots in the Lowcountry and a long track record of handling complex personal injury claims, including those involving underinsured drivers and pickup truck crashes throughout the Charleston metro area.

Our team investigates the crash thoroughly. We gather the police report, review the at-fault driver’s insurance declarations, analyze your own UIM policy, and work with medical professionals to document the full scope of your injuries and future care needs. We know how insurance companies evaluate UIM claims, and we build cases designed to counter those tactics.

We also handle the legal procedures required under South Carolina law. No action may be brought under the underinsured motorist provision unless copies of the pleadings in the action establishing liability are served upon the insurer writing the underinsured motorist provision. The insurer has the right to appear and defend in the name of the underinsured motorist and has thirty days after service of process in which to appear. Meeting these procedural requirements correctly is critical to preserving your right to UIM benefits.

We work on a contingency fee basis, meaning you pay nothing unless we recover for you. Any fees and costs are paid from the settlement proceeds, not out of pocket. If you or someone you love was seriously hurt in a pickup truck crash involving an underinsured driver anywhere in the Charleston area, call Steinberg Law Firm at 843-720-2800 for a free consultation. You can also reach a personal injury lawyer from our team online at any time.

FAQs About Underinsured Driver Pickup Truck Accident Claims in Charleston, SC

What is the difference between uninsured and underinsured motorist coverage in South Carolina?

Uninsured motorist (UM) coverage applies when the at-fault driver carries no insurance at all, or when the driver flees the scene in a hit-and-run crash. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your full losses. Both are separate coverages under South Carolina law, and both can be critical after a serious pickup truck crash. South Carolina requires insurers to offer both, though UIM coverage is optional for the policyholder to purchase.

Can I file a UIM claim if the pickup truck driver had some insurance but not enough?

Yes. A UIM claim is specifically designed for this situation. Once the at-fault pickup truck driver’s liability policy has been exhausted, your own UIM coverage steps in to cover the remaining gap, up to the limits of your UIM policy. South Carolina courts have confirmed that UIM coverage follows the person, so it applies regardless of which vehicle you were in at the time of the crash. You must have purchased UIM coverage on your own policy for this to apply.

How long do I have to file a UIM claim after a pickup truck crash in South Carolina?

Under S.C. Code § 15-3-530, the general statute of limitations for personal injury claims in South Carolina is three years from the date of the crash. Missing this deadline almost always results in losing your right to pursue compensation. However, there are procedural requirements specific to UIM claims, including serving the insurer with copies of legal pleadings, that must be handled correctly. Contacting an attorney as soon as possible after your crash protects your rights and preserves critical evidence.

What if I did not purchase UIM coverage? Do I have any options?

If you did not purchase UIM coverage, you can still pursue a direct claim against the at-fault pickup truck driver personally. If the driver was working at the time of the crash, their employer may also be liable under theories of respondeat superior or negligent entrustment. In some cases, other parties, such as a vehicle manufacturer if a defect contributed to the crash, may also bear responsibility. An attorney can review all potential sources of recovery in your specific case.

Should I accept a settlement offer from the at-fault driver’s insurer before contacting an attorney?

No. You should never accept any settlement offer, sign any release, or give any recorded statement to any insurance company before speaking with an attorney. Insurance companies often make early, low offers to injured people before the full extent of injuries and future medical costs are known. Accepting a settlement and signing a release typically ends your right to pursue any further compensation, including a UIM claim against your own insurer. Call Steinberg Law Firm at 843-720-2800 before taking any action with any insurance company after a pickup truck crash.

Leaders in the Legal Industry

Steinberg attorneys have been awarded numerous distinctions, such as Super Lawyers, Best Lawyers in America by U.S. News & World Report, Gedney M. Howe, Jr. Award for Outstanding Public Service, the SC Leadership in Law award, and has been voted Best Workers’ Comp Firm in SC, among other distinctions.

Steinberg Law Firm 2025 The Post and Courier Charleston's Choice Winner
2025 Best of the Holy City Winner - Charleston Living Magazine
Steinberg Law Firm Best Law Firms 2026 Ranked by Best Lawyers
The National Trial Lawyer - Trucking Top 10 Trial Lawyers
The National Trial Lawyers - Top 40 Under 40
2024 Reader's Choice Winner - Summerville Journal Scene
2024 Lowcountry Parent - Mom's Choice
Recognized by SuperLawyers
Better Business Bureau A+ Rating
AV Preeminent 5 Stars
Top 100 Trial Lawyers
Multi-Million Dollar Advocates
Top 10 Attorney and Practice Magazine's Top 10 Workers' Compensation Law Firm
Best Lawyers | Best Law Firms
2022 Logo Winner for Best of Berkeley (1)
AVVO 10/10
Listed in Best Lawyers
National Top 1 Percent
10 Best Client Satisfaction
Best of the Best Lawyers

What Our Clients Say

They have amazing lawyers!

They have worked on an impossible situation and exceeded all expectations in the resulting settlements. I would recommend the Steinberg Law Firm to anyone and everyone!

My experience was excellent

From the first consultation to the end of my case I was kept updated step by step. My attorney worked hard for me and got me more than what I expected.

I never felt like I was alone

My lawyer and his Paralegal were right with me the entire case. I never felt like I was alone. At every turn they were in my corner. Someone recommended me to Steinberg law firm and I gladly would do the same for someone else.

I couldn't have asked for better

The people from the Steinberg group are top-notch. They handled my case extremely well, I couldn’t have asked for a better performance. Thank you all so much for all you did for me.

I am grateful for them!

At my worst, they honestly and carefully protected and defended my family on multiple levels. I’m a client for life and the integrity of this law firm is unmatched. Thank You Steinberg Law Family!!!

The people are thoughtful and professional

Questions and concerns always get answered and concerns are taken care of. Thank you all at Steinburg for a good experience and for showing me that you care about your clients.

The best law firm

This the best law firm anyone could ever deal with. Mr. Pearlman will work hard to get everything that is owed to you. It was a pleasure to have been represented by this firm.

A wonderful experience

Had a wonderful experience with Mr. Pearlman and his team. Thank you very much for your diligence and expertise.

I highly recommend them

They work as a team providing the best referrals and assistance to accomplish what my family and I needed. I highly recommend them because you won’t be disappointed.