What steps should a client take to establish direct communication with a bodily injury claims adjuster in SC?

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Detailed Answer

Under South Carolina law, you have the right to communicate directly with a bodily injury claims adjuster once you file a claim. Follow these steps to streamline the process and protect your interests:

  1. Gather Key Information: Before contacting the adjuster, collect your policy number, claim number, date and location of the incident, and any photos or medical records. This information speeds up verification.
  2. Request Adjuster Contact Details: Call your insurer’s customer service line. Ask directly for the name, phone number, and email address of the adjuster assigned to your bodily injury claim.
  3. Send a Written Notice: Under the South Carolina Unfair Claim Settlement Practices Act (SC Code §38-59-30), send a brief letter or email to the adjuster. State your name, claim number, and your request to discuss the claim. Keep proof of delivery (e.g., certified mail receipt).
  4. Document Every Interaction: Record the date, time, names, and topics of all calls and emails. Maintain a written summary of phone conversations within 24 hours. Good records help if disputes arise.
  5. Clarify Your Status: Let the adjuster know whether you are representing yourself or whether an attorney represents you. If you hire counsel later, update the adjuster immediately.
  6. Ask Focused Questions: Prepare concise questions about claim deadlines, required documents, and medical evaluation procedures. Use active language: “What medical records do you need?” rather than “I was wondering . . . ”
  7. Follow Up Promptly: If you don’t hear back within the insurer’s stated timeframe, send a polite reminder. Highlight key dates and refer to your prior correspondence.
  8. Know Your Rights: Insurers must handle claims fairly under SC Code §38-59-30(d). They must acknowledge your communications within 15 working days. If they fail, you can file a complaint with the South Carolina Department of Insurance (https://doi.sc.gov/).

Statute Reference: South Carolina Unfair Claim Settlement Practices Act, SC Code Ann. §38-59-30 (https://www.scstatehouse.gov/code/t38c059.php).

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

Helpful Hints

  • Keep a dedicated file—both digital and physical—for all claim documents.
  • Use email when possible to create a written record of your requests.
  • Stay polite and professional in all communications.
  • Know your policy deadlines; missing them can delay your recovery.
  • Consider hiring an attorney if the insurer undervalues your injuries or stalls.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.