Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In South Carolina, you can pursue compensation for vehicle damage separately from bodily injury claims. Property damage claims follow an at-fault liability model, while bodily injury claims address medical costs and pain and suffering. Below are the key steps under South Carolina law.
1. Report the Accident and Gather Evidence
Immediately after a crash, call law enforcement and request a written police report. Collect photographs of all vehicle damage, the scene, and any contributing factors (road conditions, signage). Exchange contact and insurance information with other drivers.
2. Provide Timely Notice to Insurers
South Carolina case law and insurance policies require prompt notice. Notify both your insurer (if you have collision coverage) and the at-fault driver’s insurer. Unfair Claims Settlement Practices are governed by S.C. Code Ann. §38-77-130 et seq. See S.C. Code Ann. §38-77-130.
3. Separate Property Damage from Bodily Injury
When filing a claim, specify that you seek property damage compensation only. Provide the insurer with documentation focused on the vehicle: repair estimates, itemized bills, rental car receipts, and proof of loss. Do not include medical records in this claim.
4. Obtain Repair Estimates and Proof of Loss
Secure at least two written estimates from licensed repair facilities. The insurer may inspect the vehicle or send an appraiser. Keep all invoices, receipts for tow or storage fees, and rental car expenses to support your total loss or repair claim.
5. Negotiate or Mediate with the Insurer
Most property damage claims resolve through negotiation. Review the insurer’s offer, compare it to your documented costs, and respond in writing. If you disagree, consider mediation services or appraisal clauses provided in your policy.
6. Consider Small Claims Court for Unresolved Property Damage
If the insurer denies your claim or undervalues damage, you may file in magistrate (small) claims court for amounts up to $7,500 under S.C. Code Ann. §22-3-810. Small claims rules are informal and do not require an attorney. See S.C. Code Ann. §22-3-810.
7. Observe Statute of Limitations
Under S.C. Code Ann. §15-3-530, you generally have three years from the accident date to file a tort action for property damage. See S.C. Code Ann. §15-3-530. Make sure to file before the deadline to preserve your rights.
Helpful Hints
- Keep a detailed log of all communications with insurers.
- Use certified mail for claim notices and appeals.
- Know the difference between actual cash value (ACV) and replacement cost.
- Maintain copies of all repair records and rental car receipts.
- Consult an attorney if your claim involves complex liability or significant damage.