Motorist in Two Separate Collisions in One Accident

In Johnson v. Hunter, 2010 WL 98703 (S.C.App.), Johnson was driving on the highway and Hunter was traveling behind him. Dominguez was traveling the opposite direction on the highway when his vehicle crossed the center line into the path of Johnson's truck. Although Johnson swerved to avoid Dominguez, Dominguez's truck still hit him, turning Johnson's truck sideways in the road. Johnson's airbags deployed and he unbuckled his seatbelt to exit the vehicle, but before he could exit he was hit a second time, this time by Hunter, causing Johnson serious injury.

Johnson sued Hunter for negligence seeking to recover under his own underinsured motorist coverage. The trial court found the events constituted one accident, limiting Johnson's recovery to the maximum allowed for “each accident” under his policy.