Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Liability Under South Carolina Law
Under South Carolina negligence law, every driver owes a duty of care to others on the road. Liability arises when a driver breaches that duty through negligent acts—such as speeding, running a red light, or failing to yield—and those acts cause injury. South Carolina mandates minimum liability coverage for motorists under S.C. Code Ann. § 38-77-140. That statute requires insurers to cover bodily injury and property damage up to policy limits once liability is established.
2. Gather and Preserve Evidence
Strong evidence is critical to proving fault. Immediately after the crash, take the following steps:
- Call law enforcement and obtain the police report.
- Photograph vehicle damage, skid marks, traffic signals, and your injuries.
- Collect contact and insurance details from all drivers.
- Get names and statements of eyewitnesses.
- Secure surveillance footage or accident reconstruction reports if available.
3. Notify the Insurer and Submit a Formal Claim
Promptly report the accident to the at-fault driver’s insurer. Provide a clear summary of the collision, your injuries, medical provider details, and copies of the police report. Note the claim number and adjuster’s contact information. Early notification helps ensure a timely investigation.
4. Send a Demand Letter
A demand letter outlines your position and settlement expectations. Include:
- A concise accident narrative with dates and locations.
- Descriptions of injuries, medical treatment records, and bills.
- Documentation of lost wages, rental-car expenses, and other costs.
- A specific dollar amount to resolve your claim.
Submitting a well-documented demand letter often prompts insurers to accept liability and negotiate in good faith.
5. Follow Up and Escalate if Necessary
If the insurer undervalues your claim or denies liability, request a written explanation. Submit any additional evidence—medical updates, expert reports, or witness affidavits—to strengthen your position. You may agree to an independent medical examination (IME) if the insurer requests it, but choose a qualified provider.
6. File a Lawsuit as a Last Resort
If negotiations stall, you can file a lawsuit in South Carolina court. You must sue within three years of the crash date under S.C. Code Ann. § 15-3-530. Litigation formally compels the insurer to address liability through discovery tools, such as interrogatories and depositions, and can leverage settlement pressure.
Helpful Hints
- Keep a detailed timeline of all events and communications.
- Seek medical evaluation within days of the crash, even if injuries seem minor.
- Retain all medical records and itemized bills in one organized file.
- Never admit fault or sign broad releases without reviewing the full settlement terms.
- Follow up in writing and confirm phone conversations by email.