Spartanburg, SC asked in Car Accidents for South Carolina

Q: What is my next step if the other party's insurance companies doesn't accept liability?

I was in an accident on 8/8/2019. I filed a claim to get my vehicle fixed. I received an email from the claims adjuster that says "Thank you Ms. Kerns for the police report and for giving is your statement. Based on statements from both parties, the police report and photos of both cats we want to inform you that we are denying liability." I wasn't hurt in this accident but what is my next step? Could I appeal their decision? If so, how do I do that? Could I sue the other party?

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If you have collision on the policy, then go through your own and let them hassle it out. You want to get a copy of the police report. If necessary, sue them in court /small claims (depending on damage).

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: I don't practice in South Carolina, so I am not certain as to the options for appeal. But as a general rule in most jurisdictions, a common recourse is generally litigation, as Mr. Munsing points out. Depending on the amount of damage, small claims could be an option. You could arrange a quick consult with a South Carolina attorney to discuss the most cost effective means of pursuing the claim. Some carriers are amenable to arbitration, but that can go carrier by carrier. Not all of them opt for that forum. Good luck

Tim Akpinar

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