Can I contest the insurance company’s final settlement offer after an injury?

Short answer: Yes — you can contest a final offer, but you must act carefully and quickly. Contesting usually means responding with a counter-demand, requesting mediation, filing an administrative complaint, or filing a lawsuit before legal deadlines expire. This article explains the common steps under South Carolina law, what to watch for, and when to call an attorney.

Disclaimer

This is general information only and is not legal advice. I am not a lawyer. Every case is different. Consult a licensed South Carolina attorney to get advice tailored to your situation.

Detailed answer: how to contest a final insurance offer in South Carolina

1. Read the offer and release carefully

An insurer’s “final” offer will often come with a release (a document that gives up your right to sue). Never sign a release without understanding exactly what rights you are giving up and what the payment covers. A release can bar you from seeking future compensation for the same injury.

2. Verify the offer covers all damages

Compare the money offered to your documented damages:

• Past and expected future medical bills
• Lost wages or reduced earning capacity
• Pain, suffering, and mental anguish
• Property damage (if any) and out-of-pocket costs

If the offer doesn’t reasonably cover these, you can contest it.

3. Preserve and organize evidence

Before you contest the offer, gather and organize all supporting documents: medical records, bills, diagnostic tests, pay stubs, repair estimates, photos of injuries/property, witness statements, and chronological notes about treatment and symptoms. Insurers and courts give weight to contemporaneous, well-documented records.

4. Send a written response or counter-demand

If you believe the offer is inadequate, send a timely, written response explaining why the offer is insufficient and attach supporting evidence and a specific dollar counter-demand. Include a deadline for response. A clear, documented counter-demand keeps the negotiation active and creates a record.

5. Use alternative dispute resolution

Mediation or neutral evaluation can be an efficient way to resolve disputes without trial. Many insurers will participate in mediation if you request it. Agreeing to mediation does not mean you give up the right to file a lawsuit; it often occurs while litigation is pending or as a step before filing suit.

6. File an administrative complaint with the South Carolina Department of Insurance

If the insurer acted unreasonably, you may file a consumer complaint with the South Carolina Department of Insurance, which can investigate unfair or deceptive practices and may help resolve the dispute administratively. Find consumer complaint information from the Department of Insurance: https://doi.sc.gov/.

7. Consider a lawsuit — and watch the statute of limitations

If negotiation fails, filing a lawsuit is the primary way to compel a jury or judge to decide your claim. Important deadline: for most personal injury claims in South Carolina, you have three years from the date of injury to file suit. See South Carolina’s statute of limitations for personal injury: S.C. Code § 15-3-530. If you miss the deadline, you will likely lose the right to sue.

8. Evaluate a bad-faith claim carefully

In some cases an insurer’s conduct may support a claim for unfair insurance practices or bad faith. These claims are fact-specific. If you suspect bad faith (for example, unreasonable denial, failure to investigate, or deceptive tactics), preserve correspondence and ask a lawyer to evaluate whether you have grounds for a separate claim against the insurer.

9. Consult an attorney before signing anything or filing suit

An experienced South Carolina personal injury or insurance attorney can evaluate the offer, compute your damages (including future care), draft a counter-demand, represent you in mediation, and prosecute a lawsuit if needed. Many injury attorneys offer free case evaluations and work on contingency (they get paid only if you recover).

Common procedural timeline (typical sequence)

1. Injury and emergency care.
2. Report claim to insurer and preserve evidence.
3. Insurer investigates and may make an early offer.
4. You review the offer; send a counter-demand or request mediation if insufficient.
5. If unresolved, file a lawsuit before the statute of limitations expires (S.C. Code § 15-3-530).
6. Discovery, possible mediation, trial, or settlement during litigation.

Helpful Hints

• Do not cash or accept a check marked “final” or sign a release without legal review.
• Keep a daily log of symptoms, appointments, and out-of-pocket expenses.
• Get medical care promptly and follow providers’ instructions — gaps in treatment can be used against you.
• Respond promptly to insurer requests for information, but do not admit fault in writing.
• Ask for a written explanation if the insurer denies or offers less than you expect; request the claim file if needed.
• File a Department of Insurance complaint if you suspect unfair handling: https://doi.sc.gov/.
• Contact a South Carolina attorney early — many offer free consultations and work on contingency.
• Note the time limit to sue: for most personal injury claims in South Carolina, it’s three years from the injury date (S.C. Code § 15-3-530).

When to get a lawyer right away

Consider speaking to an attorney immediately if:

• Your injuries are severe or likely to cause ongoing medical needs.
• The insurer’s “final” offer is well below documented medical costs or lost wages.
• The insurer asks you to sign a broad release that might limit future claims.
• You suspect the insurer misrepresented policy limits, failed to investigate, or engaged in bad-faith tactics.

Final note

Contesting a final offer is a combination of careful documentation, strategic negotiation, administrative remedies, and, where necessary, litigation. Acting quickly and preserving evidence are critical. A South Carolina attorney can evaluate your full damages, help you decide whether to accept an offer, and protect your legal rights through negotiation or court proceedings.