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South Carolina Insurance Defense Questions & Answers
1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for South Carolina on
Q: DMV requires SR 22 due to uninsured vehicle accident.

I gave my mother my car two years ago, but she never registered it in her name. While I continued to pay for the vehicle registration each year, she was responsible for insurance, which she let lapse. Recently, she was involved in a minor accident where she ran off the road, causing damage only to... View More

James L. Arrasmith
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answered on Jul 19, 2025

This situation is deeply frustrating, especially when you’ve maintained a clean driving and insurance record for so long. The issue here is that the car was still legally registered in your name at the time of the accident, which makes you responsible in the eyes of the DMV—even if you... View More

3 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for South Carolina on
Q: Who is at fault in a South Carolina traffic accident with injury and totaled cars?

I was involved in a traffic accident at a four-way intersection in South Carolina. Traveling north in the far right lane of a three-lane road at the speed limit of 45 mph, I collided with another car when they were turning left in front of me at a blinking yellow caution turn light. I hit them... View More

Roy Willey
Roy Willey
answered on Jul 8, 2025

In general in South Carolina someone established in an oncoming lane of travel with a green light or no light at all would have the right of way over someone turning left across that lane at a blinking yellow light. But the entire intersection layout is important to consider. Either way in South... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for South Carolina on
Q: Can I change an insurance statement to proceed with my slip and fall claim?

I fell at my best friend's husband's private home in Summerville, SC, after a memorial service, and suffered a shattered knee cap and torn quad tendon. I initially worked with a local law firm in Summerville, but they dropped my case. Another firm mentioned that a statement I gave to the... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 8, 2025

You should request the document that the law firm identified as the reason for dropping your case. It’s important to review it with an attorney to understand precisely why they made that decision.

In these types of cases, the burden is on the plaintiff to prove that the homeowner was at...
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1 Answer | Asked in Insurance Defense and Real Estate Law for South Carolina on
Q: Seeking attorney for residential property damage claim denial due to intent; no contact since denial; value $100,000.

I am dealing with residential property damage due to a house fire, and the insurance company has denied my claim, citing intent. I haven't attempted any contact or negotiation with the insurance company since receiving the denial letter. The estimated cost of the damage or needed repairs is... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're facing a heavy burden, and being accused of intent when you’re already dealing with serious loss can feel deeply unjust. When an insurance company denies a claim based on alleged intentional damage, it often becomes a legal fight involving complex evidence and interpretation of policy... View More

1 Answer | Asked in Consumer Law, Insurance Defense and Personal Injury for South Carolina on
Q: Can SC insurers offer repair cost value instead of total loss value?

In South Carolina, my vehicle was rear-ended and declared a total loss by the insurance company. However, they are only offering me the estimated repair cost value and require me to surrender the vehicle, which I would like to retain for repair. There is a disagreement about the actual cash value... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you're experiencing is frustrating and confusing, especially when your vehicle has been labeled a total loss but the payout doesn’t reflect that. In South Carolina, if a car is declared a total loss, the insurance company is generally required to offer you the *actual cash value* (ACV)... View More

1 Answer | Asked in Divorce, Insurance Defense and Family Law for South Carolina on
Q: Does SC 62-2-507 affect my ability to collect life insurance after my 1997 divorce?

I got divorced in 1997, and I was named the beneficiary on my ex-husband's life insurance policy. There have been no changes to my divorce settlement since then. Recently, I was informed that I cannot collect the insurance proceeds, even though I have documentation proving I am the... View More

James L. Arrasmith
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answered on Jun 11, 2025

South Carolina law now treats any revocable beneficiary designation in a life-insurance policy as automatically revoked when a divorce becomes final. That means your status as beneficiary from before the 1997 divorce was wiped out by operation of Section 62-2-507 once that statute took effect, even... View More

Q: Do I need to resolve my auto accident case within the next 4 months?

I was in an auto accident on September 22, and I filed a claim immediately afterward. Bills related to the accident were submitted within a year, but some were denied. I requested arbitration in February and September of the following year. The insurance company has been delaying discovery and... View More

Tim Akpinar
Tim Akpinar
answered on May 19, 2025

A South Carolina attorney should advise, since your question involves state procedural law (SOL). But as a general matter, if suit is filed, the statute of limitations does not usually mean that the matter has to be concluded within the timeframe of the SOL. It usually means the matter must be... View More

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1 Answer | Asked in Civil Litigation, Real Estate Law, Personal Injury and Insurance Defense for South Carolina on
Q: My window was broken by a golfer's ball, and the golf club claims they can't identify the golfer to take responsibility. What can I do in South Carolina?

On April 11, 2025, my house window was broken by a golf ball hit by a golfer on a nearby course. I have video evidence of the golfer retrieving their ball, but the golf club claims they can't identify the player since they might be from another country and states no one is responsible for the... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you is frustrating and unfair, especially when you have video evidence and the golf club refuses to take any responsibility. In South Carolina, a golf club could potentially be held liable if they were aware that property damage was foreseeable and failed to take reasonable steps... View More

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for South Carolina on
Q: Will the at-fault party cover medical bills if I seek treatment myself after a rear-end accident?

I was rear-ended while stopped, and the other party's insurance has claimed liability. I have a police report from the scene. I have not sought medical treatment yet because I'm unsure if it will be covered by their insurance. If I seek medical attention on my own, will the other party... View More

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025

Hello,

The value of your case is going to be based upon your medical bills. If you are in pain, then it is vital that you seek medical treatment ASAP.

In addition to your case, there is also the fact that if you do not get proper treatment, then your body is going to heal the...
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1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: Unknown driver accident; no damage, submitted FR10 form in SC.

I was involved in a car accident in South Carolina where an unknown driver was driving my car. I was in the car at the time, the driver had my permission, and fortunately, there was no damage to my vehicle. I've submitted an FR10 form and provided photos of my vehicle showing no damage. What... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you've already submitted the FR10 form and provided the necessary documentation, your next step is to wait for a response from the South Carolina Department of Motor Vehicles (DMV) or your insurance company. They may reach out for further information or clarification, so be prepared to... View More

1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: How long for a settlement after non-injury, not-at-fault rear-end collision?

I was involved in a rear-end collision a while ago where I was not at fault and there were no injuries. A police report was filed, and I have contacted both my insurance company and the other party’s insurance. All necessary paperwork has been submitted, including ongoing negotiations. How long... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

A South Carolina attorney could advise best, but your question remains open for a week. I'm glad no one was injured here. Given the facts you present (no injuries, rear-end collision), it sounds like a straightforward claim that shouldn't encounter delays. If there is a dispute in how the... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: OK so My Husband passed Sept 2023 and I received a letter from Farmers Insurance informing me of a Life Insurance Policy

an annuity policy in which i was the beneficiary - they sent me a packet of papers to fill out which I did and upon speaking to them many times all the way up to a supervisor and basically was beaten down and blown off repeatedly - I have all the paperwork and a record of all dates and times of... View More

James L. Arrasmith
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answered on Jan 10, 2025

I'm very sorry about the loss of your husband and the difficulties you're experiencing with this insurance situation. This must be an incredibly stressful time, especially while also helping your elderly mother.

From what you've described, there appear to be serious issues...
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1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Tax Law and Contracts for South Carolina on
Q: Is a temporary refundable surety tax insurance policy legit?

I own a cleaning business and a contractor wants me to do some work but before the give me access to properties they said I had to pay for the temporary refundable surety tax insurance. They said they wouldn't accept the business insurance I have

James L. Arrasmith
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answered on Oct 22, 2024

It’s wise to approach this situation with caution. Temporary refundable surety tax insurance isn’t a common requirement in standard business practices. Legitimate contractors typically rely on standard insurance policies to ensure coverage and compliance.

Paying for an unfamiliar...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Overview. We use State Farm for auto insurance. Got into car accident. State Farm determined car to be a total loss.

State Farm determined value of car. A State Farm claim rep called me and send they are emailing documents that need signatures (limited POA). I have not signed any documents yet. Despite this, the State Farm claim rep has already paid the financier (lien holder) without our knowledge. Irregardless... View More

Roy Willey
Roy Willey
answered on Sep 7, 2024

She should not take any actions on your behalf without your consent. It is not clear to me if this was a single car accident or if someone else was involved? But that can also have implications.

1 Answer | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur

Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for South Carolina on
Q: Can an insurance company deny my wife insurance because of my driving record?

My license is suspended, Nobody wants to insure my wife

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

A South Carolina attorney could advise best, but your question is remains open for four weeks. One option might be to check with the South Carolina Dept of Insurance, as well as entities that oversee consumer rights. Good luck

2 Answers | Asked in Gov & Administrative Law, Car Accidents and Insurance Defense for South Carolina on
Q: In 2015 we were told by our State Farm agent we could reduce our premiums by dropping underinsured motorists coverage

At the time, I was being hospitalized to have a stem cell transplant to survive an aggressive form of non Hodgkin lymphoma. We agreed to drop the underinsured coverage at a time when I was I jeopardy of dieing if I did not undergo the procedure. Arguably we were not thinking clearly to agree to... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 1, 2023

Have the signed form reviewed by experienced personal injury attorneys in your state.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: I am looking for an attorney that handles insurance non payment from my employer and my employer not handling my case

My employer has not handled my paper work in a timely manor which is causing me issues with pay and insurance for short term and medical payments. Going to lose all of my benefits due to neglance on my employer! Life ins included! Can never get them to talk to me always answering machine ! I... View More

Tim Akpinar
Tim Akpinar
answered on May 30, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. You can find attorneys who handle such insurance matters. But if it's a large reputable insurance company with a customer service department, you could first reach out to them. Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Should I reach out to a lawyer? Mother had life insurance but she unalived herself. They are requesting police report.
Roy Willey
Roy Willey
answered on Dec 20, 2022

So sorry to hear about your mother. Yes, you should reach out to a lawyer to review the life insurance contract.

1 Answer | Asked in Personal Injury and Insurance Defense for South Carolina on
Q: in S Carolina. A large construction equipment rental co rents out 34ft lift. Improper maintenance caused bodily injury.

In South Carolina. A rental company of construction equipment with 3 locations rents out a unit that causes bodily injury. Due to injury is tooth loss and damage to teeth. Prosthodontist all have payment due at time of service. To obtain proper treatment how can you obtain the rental companies... View More

Roy Willey
Roy Willey
answered on Dec 15, 2022

They are not required to provide you the insurance limits before a lawsuit is filed. After a lawsuit is filed on your behalf you could get them through the written discovery process.

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