Detailed Answer
When an insurance adjuster makes an initial settlement proposal, that number often reflects a starting point, not your case’s full value. Under South Carolina law, insurers must engage in fair claim settlement practices. See S.C. Code Ann. § 38-59-820. You are free to accept, reject, or counter this offer.
Before responding, calculate your full damages. Include past and future medical expenses, lost wages, property damage, and non-economic losses such as pain and suffering. Gather documentation: medical records, bills, wage statements, repair estimates, and expert opinions.
Draft a written counteroffer that:
- Lists each category of damages with supporting figures.
- Cites medical or repair documentation.
- Explains your legal basis—such as negligence or breach of policy.
- Sets a deadline for response (e.g., 30 days).
Sending a clear, fact-based counteroffer makes you a stronger negotiator. South Carolina’s three-year statute of limitations for personal injury claims runs from the date of injury. See S.C. Code Ann. § 15-3-530. Keep track of deadlines to avoid forfeiting your rights.
After you submit your counteroffer, the adjuster may respond with a higher figure, decline to adjust, or request additional information. Continue negotiating in writing, maintain detailed records of all communications, and remain professional.
If the insurer refuses to negotiate in good faith, you might have a bad faith claim under state law. Consult a qualified attorney early to evaluate your options and protect your interests.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice.
Helpful Hints
- Detail your injuries and losses before negotiating.
- Attach copies of all medical and repair bills.
- Set realistic, documented settlement figures.
- Keep all correspondence in writing.
- Monitor the statute of limitations.
- Stay polite but firm in negotiations.
- Review any release language carefully before signing.
- Consult a qualified South Carolina attorney for case-specific advice.