Call Anytime. 24/7

Get help now

(888) 612-7001
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please enter a message.
By submitting my information I confirm that I have read the disclaimer below.
*Any information sent to George Sink, P.A. Injury Lawyers through this website may not be secure and is done so on a non-confidential basis. Transmission of information from this website does not create an attorney-client relationship between you and George Sink, P.A. Injury Lawyers, nor is it intended to do so.

Underinsured Motorist Coverage in South Carolina

| May 27, 2010

The Court of Appeals of South Carolina recently came out with a decision that will affect some of our clients. Nationwide Mut. Ins. Co. v. Rhoden, No. 4659. The decision concerns underinsured motorist coverage ("UIM"), which is additional coverage that you can buy that pays out when you are injured in a car accident but the financial costs of your injuries exceed the amount of the at-fault driver's liability insurance coverage. Normally, underinsured motorist coverage is available not only to the person who buys it, but also to relatives of the insured who live with the insured ("resident relatives"). For example, if a mother buys a UIM policy, that policy normally may be used by the mother's husband and her children who still live at home if they are involved in an accident, even if the accident happens in a car not owned or insured by the mother. This decision by the Court of Appeals allows insurance companies to deny underinsured motorist coverage to "resident relatives" of a policyholder when the resident relative decided not to purchase UIM coverage on their own car, the same car that was later involved in the accident.

In this case, Ashley was the owner and driver of a vehicle, with her mother Kelly and sister Emerlynn as passengers, when they were the involved in an accident. Ashley insured the vehicle with Nationwide but didn't get UIM coverage under her policy. However, Kelly had two of her vehicles insured with Nationwide and both had UIM coverage. All three women were resident relatives. The trial court ruled that all three women were entitled to UIM coverage under Kelly's policy since they were either named insureds (Kelly) or resident relatives (Ashley and Emerlynn). Nationwide appealed. The Court of Appeals ruled that Ashley could not recover UIM coverage from her mother's UIM policy, holding that it is permissible for an insurance company to limit the portability of UIM coverage for resident relatives when then the resident relative owns the vehicle in the accident. The court ruled that Kelly and Emerlynn could recover UIM coverage from Kelly's UIM policy, holding that an insurance policy may not limit the portability of the UIM for passengers because they did not have the opportunity to buy UIM coverage on the vehicle in the accident.

The two courts to hear this case, the trial court and the Court of Appeals, have decided this case differently. On appeal, the Supreme Court of South Carolina may agree with the trial court, with the court of appeals, or it may decline to hear the case altogether. But this is a new and unexplored area of the law of automobile insurance in South Carolina . We enjoy keeping up with these developments so that we can use them to benefit our clients. If you, a friend, or family member is injured in a South Carolina car accident, don't let the insurance company tell you your rights. Please call us at George Sink, P.A. Injury Lawyers at 1-800-849-SINK (7465) for a free consultation.

The information relayed in this blog is for educational purposes only and is not legal advice. The cases referenced and explained by the blog's author(s) are for informational purposes only and are not intended to imply that certain, or similar, results may be achieved in each client's case.

Categories: Auto Accidents
Blog Home

Greenville

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.

We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Walterboro

Florence

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Myrtle Beach

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Moncks Corner

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Orangeburg

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Columbia

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Anderson

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.

Spartanburg

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.