[SC] What can a victim do after a hit-and-run driver is identified and arrested?
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I was in a hit-and-run last Thursday night. I was hit from behind, and they kept going. I gave some chase, but my car was badly damaged. When I pulled over about a quarter of a mile later, I called 911, and I noticed the car that hit me had also pulled over in a dark parking lot. I pulled in directly behind them and told the police the license plate number. I got out of the car and briefly spoke with the driver, who denied hitting me. I took a look at the front of the car, and it was damaged on the side that would have hit me. The driver asked who I was on the phone with, and I answered, "The police." As I walked back to my car, they got in the car and drove off again. This is all on my dash cam, and I have saved the video to my Google Drive. I filed the police report and opened a claim with my insurance. I am from Florida, and this happened in South Carolina.
I'm sorry to hear about your experience; that sounds very stressful. Can you tell me if you have already contacted a local traffic lawyer in South Carolina regarding this incident?
I have not.
Have you received any communication from the police or your insurance company about the next steps?
Yes.
Is there anything else the Traffic Lawyer should know before I connect you? Rest assured they'll be able to help with your hit-and-run.
I don't know.
Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 14 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.
Have you received any updates from the police or your insurance company since you last communicated with them?
No updates at this time. I got the report that they caught the person driving, and he bonded out the next day.
Thanks for sharing that information. Could you let me know what specific outcome or resolution you are hoping to achieve from this situation?
I would like to hold him accountable for the hit-and-run and get my car fixed.
Got it, thanks for sharing that. Have you considered hiring a lawyer to help you with holding the other driver accountable, or are you planning to handle this through your insurance company?
I have already filed a claim with the insurance company. I am considering hiring a lawyer.
Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.
No, I do not have anything else.
Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4 to 5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting. I really appreciate your patience.
It's a good sign that police identified and arrested the driver. Because the crash happened in South Carolina and you live in Florida, your case now moves through both the criminal system and insurance claims at the same time.
On the criminal side, leaving the scene of a crash involving property damage or injury is treated as a serious offense under South Carolina law. A driver involved in a crash that damages a vehicle driven or attended by a person must stop and remain at the scene under S.C. Code § 56-5-1220, and S.C. Code § 56-5-1210 imposes the same duty when anyone is injured. With an arrest already made, the case is now in the hands of the local Solicitor's Office where the crash occurred. You are considered a victim and witness, and the prosecutor can pursue penalties against the driver. You can also request restitution, which may cover costs like your deductible, rental car, and other direct losses tied to the crash. Under S.C. Code § 17-25-322, when a defendant is convicted of a crime that caused a victim financial loss, the court must hold a restitution hearing, and the victim has the right to be present and heard.
You can also contact the Victim's Advocate through the responding police department. They can update you on court dates, explain the process, and help you submit a victim impact statement so the court understands the impact on you. These victim services and notification rights are set out in South Carolina's Victim and Witness Service provisions, S.C. Code § 16-3-1505 et seq.
On the insurance side, you generally have two paths. If you use your own collision coverage, your insurer can repair your car quickly after you pay your deductible, then later pursue the at-fault driver's insurer through subrogation to recover those costs.
Now that the driver has been identified, you can also pursue a third-party claim directly against his insurance, and the dash cam footage plus arrest information should make liability clear.
Whether you need a lawyer depends on the situation. For property damage only, your insurer can often handle recovery without legal help. If you have any pain or injury symptoms, even minor ones, it may be worth speaking with a personal injury attorney, especially since they can handle cross-state issues between Florida and South Carolina and typically work on contingency.
One more issue to keep in mind is diminished value. Even after repairs, your car may be worth less because of the accident history, and South Carolina allows diminished value claims to recover that loss.
Right now, the key steps are making sure your dash cam footage is backed up, requesting the updated police report with the driver's information and insurance details, and keeping photos of both vehicles as evidence. With the arrest already made, the focus now shifts to documenting everything properly so your insurance recovery and any restitution process can move forward smoothly.
Is there anything I would need to do for the criminal case, and how can I request restitution for costs incurred?
To request restitution in South Carolina, contact the Victim Advocate at the local Solicitor's Office to submit a Victim Impact Statement along with receipts for your deductible and out-of-pocket costs. This allows the prosecutor to include these expenses in the criminal case, though you should also keep your insurance company informed to avoid a double recovery. Since the driver has already been arrested, ensuring they have access to your dash cam footage will be the most effective way to support the criminal charges and hold him accountable.
I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out. I'm always happy to assist. Wishing you a fantastic day ahead!
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