Bradley v. Doe

I would reverse the order granting summary judgement and for that reason, I respectfully dissent. I adopt the majority’s facts and standard of review, but I disagree with the analysis and would find as follows.

Section 38-77-170 of the South Carolina Code dictates the “conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown” and states:

If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured…