Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified South Carolina attorney before taking action.
Detailed Answer
When you suffer injuries in South Carolina due to another party’s negligence, you want the at-fault party’s insurer to accept liability and cover your medical bills promptly. While insurers have a legal duty to investigate and pay valid claims, you must take proactive steps to strengthen your position. Below is a roadmap under South Carolina law.
1. Gather and Preserve Key Evidence
• Obtain the police or accident report. That document establishes fault and identifies involved insurance companies.
• Collect witness statements and photos of the scene and your injuries.
• Keep detailed records of all medical visits, diagnoses, treatments, and expenses.
2. Provide Timely Notice to the Insurer
South Carolina law generally requires you to notify the at-fault driver’s insurer as soon as possible after the accident. Send a written notice or claim form to the insurer’s claims department. Include:
- Insured’s name, policy number and contact information.
- Date, time and location of the accident.
- Brief description of injuries and medical treatment to date.
3. Submit Medical Records and Itemized Bills
Insurers rely on medical documentation to evaluate liability and damages. Provide legible, itemized bills and medical records showing the nature and necessity of your treatment. Make sure you sign any HIPAA release forms the insurer requests.
4. Send a Demand Letter
Once you reach a treatment plateau or know your total medical costs, send a formal demand letter. This letter should:
- Summarize facts, liability evidence, and your total medical expenses.
- Outline incurred and anticipated future medical costs.
- Set a reasonable deadline (e.g., 30 days) for the insurer to accept liability or extend a settlement offer.
5. Understand Statutory Deadlines
Under S.C. Code Ann. § 15-3-530 (Three-year statute of limitations), you generally have three years from the accident date to file suit. Giving notice and pursuing the claim promptly reduces the risk the insurer will deny liability based on delay.
6. Leverage South Carolina’s Unfair Claims Settlement Practices Act
The South Carolina Unfair Trade Practices Act (§ 38-59-10 et seq.) prohibits insurers from unreasonably delaying or denying valid claims. Specifically, S.C. Code Ann. § 38-59-40 (Unfair settlement practices) bars refusing to pay without conducting a reasonable investigation. If an insurer violates these rules, you can file a complaint with the South Carolina Department of Insurance.
7. Use Health Care Provider Liens Where Applicable
Under S.C. Code Ann. § 44-41-10 (Hospital liens), hospitals and certain providers can place a lien on your personal injury recovery. That creates additional pressure on the insurer to resolve your claim.
8. Consider Formal Dispute Resolution
If negotiations stall, you can initiate a lawsuit or demand binding arbitration pursuant to any policy provisions. Filing suit before the three-year deadline often motivates insurers to accept liability rather than face litigation costs and potential interest penalties.
Helpful Hints
- Keep a detailed injury diary documenting pain levels, medication, and how your injuries impact daily life.
- Send all correspondence to the insurer by certified mail and keep copies of delivery receipts.
- Track all out-of-pocket expenses, such as mileage, prescriptions, and assistive devices.
- Consult your health insurer about subrogation rights before agreeing to a liability settlement.
- If the insurer stalls, file a complaint with the South Carolina Department of Insurance at https://doi.sc.gov.