How Long Does a Car Accident Settlement Take in South Carolina?

While you may be wondering how long your car accident case will take to resolve, there is no simple answer. While some claims settle a few months, others may stretch on for one year or longer. The timeline for your settlement depends on a range of factors, from the severity of your injuries to the insurance company’s cooperation. These timeframes can feel unbearable when you are waiting on compensation for hospitalizations, surgeries, and lost income.

At The Law Office of Mark C. Tanenbaum, P.A., we aim to help clients understand what shapes the claims process. By laying the foundation for South Carolina legal deadlines and the recovery process, we hope to assist clients in setting realistic expectations. Our Charleston car accident attorneys want to help you recover maximum compensation, not settle for the first offer out of desperation.

Consultation with Our Car Accident Lawyers

Following a car wreck, you need to call our car accident legal team to discuss the details of your case and evaluate whether you have a valid claim. During this consultation, our personal injury attorneys may discuss potential legal strategies to establish the other party’s liability. We may even discuss your initial medical bills, lost wages, and other losses that you have incurred up until this point. If possible, bring any receipts, invoices, and itemized bills related to the crash to your appointment. This consultation is no-obligation, giving you the opportunity to decide if we meet your legal needs.

Submit a Proof of Loss Form

According to SC Code §38-59-10, if your insurer does require proof of loss they must provide you with a blank proof of loss form within 20 days of receiving notice of your accident. A proof of loss form often includes crucial policyholder information, such as the date/time of the accident, the total insured amount, and the total loss claimed. Each insurance company has its own deadlines, with many requiring that the forms be remitted within 60 to 90 days of being received. If you are unsure of the specifics of your auto policy, our Charleston car accident attorneys are happy to assist you.

Claim Investigation

A car accident investigation involves interviewing eyewitnesses, gathering photos/videos of the accident scene, requesting a copy of the police report, and subpoenaing cell phone records. Ideally, within 24 to 72 hours after your accident, our legal team will send out spoliation letters to ensure that time-sensitive information (e.g., surveillance footage) remains intact. Once evidence is collected and preserved, our team of legal professionals can begin evaluating how the information highlights the other party’s negligence.

Claims Package Submission

Insurance cannot pay on your claim unless you submit a claims package. Evidence in a claims package is divided into three categories: (1) incident details, (2) documentation that supports the other party’s liability, and (3) a list of damages and financial proof of damages. Part of the claims package involves preparing a demand letter, which outlines the facts of your case and the legal relief being requested. Also included is a reasonable deadline to respond by (typically 10 to 14 days, but could be up to 30 days) and the consequences for noncompliance.

Negotiations

Once the claims package is reviewed by the insurance company, negotiations will begin. If there are any missing details or documentation, a claims adjuster will ask you to provide this information. While some insurers may use this as a delay tactic, South Carolina law has strict parameters when it comes to unfair claims practices (codified as SC Code §38-59-20). Even when adhering to state regulations, negotiations can take anywhere from a few months to a year or even two. Once a settlement is reached, you will sign a waiver releasing the insurance company from further financial responsibility in relation to your accident.

Litigation: When Negotiations Come to a Standstill

If negotiations are getting nowhere, our Charleston car accident lawyers may suggest taking legal action. This process comes with many drawbacks, including expense, time, and stress. You are also taking your chances with a judge or jury, potentially leaving with nothing if the case does not go your way.

If our legal team believes that litigation is a valid option, we will walk you through what to expect at trial. Even when going to court, both parties retain the ability to settle right up until a final verdict is reached. Bear in mind that you have only 3 years from the collision to file a lawsuit in South Carolina, a timeline that significantly affects whether litigation is a sound alternative.

Contact Our Charleston Car Accident Lawyers Today

Waiting on a car accident settlement is stressful enough without trying to decipher insurance deadlines, proof of loss requirements, and negotiation tactics on your own. Thankfully, The Law Office of Mark C. Tanenbaum, P.A., is here to help you understand where your case stands and fight for the compensation you deserve. If you are tired of receiving meager offers from insurance, our Charleston car accident attorneys may be of assistance. Contact us online or by phone at (843) 577-5100 to schedule your free, no-obligation consultation.