IX. Burden of Proof
| Library | The Law of Automobile Insurance in SC (SCBar) (2015 Ed.) |
IX. Burden of Proof
The supreme court held in Bart v. Doe233 that the burden of proof was on the claimant in a hit-and-run case to prove, by a preponderance of the evidence, that her injuries were caused by a physical contact with the unknown vehicle, and that she was not negligent in failing to determine the identity of the other vehicle and the driver thereof. The burden of proof, as in all civil actions, is on the claimant to prove the negligence of the uninsured motorist and is presumably on the...
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