Disclaimer: This is educational information, not legal advice. Laws change and every case is different. If you need legal advice tailored to your situation, consult a licensed South Carolina attorney.

Detailed Answer

When an insurance company tells you its offer is “final,” that statement is often a negotiation tactic — not an absolute legal bar. Under South Carolina law, you retain rights under your policy and under state law to challenge, negotiate, or pursue other remedies. Your response should follow a clear, documented plan so you preserve options and deadlines.

1. Treat the “final” offer as a written offer and get it in writing

Ask the adjuster to put the offer in writing, including exactly what the payment covers (medical bills, lost wages, property damage, pain and suffering, attorney fees, policy limits, and any releases you must sign). A written offer prevents misunderstandings and gives you a starting point for analysis.

2. Carefully evaluate the offer against your damages and harms

Make a damages list: medical records, treatment prognosis, medical bills, wage loss documentation, repair estimates, diminished value, and documented pain and suffering. Compare the offer to a realistic settlement value. If the insurer’s number does not cover your known damages (or reasonable projection of future damages), the offer is likely insufficient.

3. Demand a full explanation and documentation

Request a written explanation for how the insurer calculated the offer and copies of any reports (investigative reports, recorded statements, medical reviews, CVO/MLR reports, repair estimates). If they relied on a medical review, ask for the identity and qualifications of the reviewer.

4. Use policy tools if available (appraisal, arbitration, UM/UIM procedures)

Many policies include appraisal or arbitration clauses for disputes over property damage or valuation. If your policy has an appraisal clause, you can trigger it to get an independent valuation. For UM (uninsured/underinsured) issues, follow your policy’s notice and proof-of-loss requirements.

Find the text of South Carolina’s insurance statutes in Title 38 of the South Carolina Code of Laws for general context: https://www.scstatehouse.gov/code/title38.php.

5. Consider a demand letter before filing suit

A formal demand letter from you or an attorney puts the insurer on notice of the value you place on the claim and the evidence supporting it. The letter also creates a record if the dispute escalates.

6. Beware of deadlines — investigate statutes of limitations and policy notice rules

Your ability to sue is limited by deadlines in state law and by notice requirements in the policy. In South Carolina, civil filing deadlines and related procedures affect your options, so act early to avoid losing the right to pursue a claim. You can review the South Carolina Code (all titles) here: https://www.scstatehouse.gov/code.php.

7. Bad-faith concerns and consumer help

If the insurer refuses to negotiate in good faith or misrepresents coverage or facts, you may have administrative or legal remedies. You also can contact the South Carolina Department of Insurance for consumer assistance and complaint procedures: https://doi.sc.gov/consumers. An attorney can evaluate whether a bad-faith claim or other statutory remedy applies in your specific case.

8. When to hire an attorney

Contact an experienced South Carolina attorney if any of the following apply: the offer is substantially below documented damages, the insurer refuses to provide documentation, complicated insurance coverage questions exist, or the insurer’s conduct may be bad faith. A lawyer can send effective demand letters, preserve deadlines, and litigate if needed. Use the South Carolina Bar to find a lawyer: https://www.scbar.org/.

Hypothetical example

Suppose you were in a rear-end collision in Charleston. You have $12,000 in medical bills and a treating doctor who expects more treatment. The insurer offers $5,000 and says it’s final. Steps you could take: (1) ask for that $5,000 offer in writing; (2) send the insurer copies of all medical records and a demand letter requesting a reasonable settlement that accounts for future treatment; (3) request the basis for the $5,000 number; (4) if the policy has appraisal for property damage or UM coverage, evaluate invoking that clause; and (5) consult a South Carolina personal injury attorney before the statute of limitations runs to determine next steps.

Helpful Hints

• Get every offer and denial in writing. Verbal “final” offers are weaker than written ones.
• Keep organized records: medical records, bills, receipts, photos, repair estimates, and a treatment timeline.
• Ask for a cover letter that explains how the insurer reached its figure and the identity of any medical reviewers or investigators.
• Don’t sign a release until you understand whether it releases all possible claims (past, present, and future). Releases are often permanent.
• If you have multiple insurance policies (your own UM/UIM, the at-fault driver’s policy), make sure you know which policy covers which losses.
• Filing a complaint with the South Carolina Department of Insurance can prompt a review, but it does not replace legal action if you have a legitimate claim.
• Act early — preserving evidence and meeting deadlines is critical. Even if an insurer says its offer is final, you may still have time to negotiate or sue.
• If the case involves substantial or complex injuries or significant disputes about coverage, hire counsel experienced in South Carolina insurance and injury law.

Remember: an insurer’s statement that an offer is “final” is often a negotiation position. You do not lose rights just because an insurer uses that language. Use documentation, deadlines, policy terms, and professional help to protect your interests.

For help finding a South Carolina attorney, consult the South Carolina Bar’s referral resources: https://www.scbar.org/