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South Carolina Insurance Defense Questions & Answers
Q: Legal guidance needed after daughter falls from moving truck, serious injuries sustained.
My daughter accidentally fell out of the back of a moving truck in Orangeburg, resulting in bleeding on the brain, a concussion, and a busted ear drum. She also has 10 or 11 staples in the back of her head. We have a police report, and there were witnesses to the accident. She has received medical... View More 
Stephen Arnold Black
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answered on Oct 10, 2025
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answered on Oct 10, 2025
If your daughter fell out of a moving vehicle then you can hold that party or parties responsible in court for all her damages. Keep in mind that any settlement you receive will need to be placed in an annuity for your child that wont be paid out until she reaches the age of 18. You should retain a... View More
Q: Can insurance decide fault if other driver ticketed?
Can an insurance company decide who is at fault in an accident if the police have already ticketed the other driver as being at fault?
Jessica L. Gooding
answered on Aug 20, 2025
answered on Aug 20, 2025
An insurance company may take the position that its insured is not at fault for a collision even where the insured was ticketed. Neither the police officer who investigated the collision nor any insurance adjuster has the final say on liability. If you were injured and suffered damages in the... View More
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
Stephen Arnold Black
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answered on Jul 9, 2025
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answered on Jul 9, 2025
Determining fault in an accident depends on several factors, including witness statements, such as your own, the other driver's, and any third-party witnesses at the scene, as well as any video evidence collected, which may currently be under review by the police.
If none of these... View More
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
answered on Jul 8, 2025
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
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
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answered on Jul 8, 2025
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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... View More
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
answered on Mar 15, 2025
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
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Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense
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South Carolina
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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
answered on Jul 10, 2024
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
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Insurance Bad Faith, Insurance Defense, Personal Injury and Employment Law
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South Carolina
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Q: How to address a fraudulent auto insurance claim in SC?
I'm a senior citizen, and I need advice on how to handle a fraudulent auto insurance claim against me. My car rolled back and only cracked the front plate of another car. I offered to replace the plate, but the other party exaggerated the damages and falsely claimed her son was injured.... View More
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James L. Arrasmith
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answered on Oct 15, 2025
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answered on Oct 15, 2025
You’re right to push back. A low‑speed roll‑back with only a cracked plate, contemporaneous video showing minimal impact, and footage of the child running around suggests an inflated claim rather than a legitimate injury.
Retain a South Carolina attorney who handles insurance coverage... View More
2 Answers
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Car Accidents, Criminal Law, Insurance Defense and Personal Injury
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South Carolina
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Q: Should my son speak with a lawyer before giving a statement to insurance after an accident?
My minor son was involved in a collision where he received a ticket for running a red light. While 2 cars were totaled and the other party is claiming injuries, the lawyers from the other driver are working with Progressive to settle. My son has an upcoming court date for his citation. Our... View More
Tim Akpinar
answered on Oct 9, 2025
answered on Oct 9, 2025
I'm sorry about your son's accident. I hope everyone involved is okay. It would be helpful to speak with an attorney. Although your insurance company's attorney's role is in defending against the civil claims, they could be restricted in their ability to advise regarding any... View More
Q: Notice period for auto insurance nonrenewal due to claims and violations.
I'm trying to understand the notice period an auto insurance company is required to give for nonrenewal due to traffic violations and claims. I've been with my insurance company for about 20 years and recently received notice of nonrenewal, citing too many losses. Over the last four to... View More
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James L. Arrasmith
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answered on Sep 17, 2025
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answered on Sep 17, 2025
In most states, auto insurance companies are required to provide written notice before they choose not to renew a policy. This notice period is typically 20 to 45 days prior to the policy expiration date, but the exact timing can depend on your state’s insurance regulations. The purpose is to... View More
1 Answer
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Car Accidents, Consumer Law, Insurance Defense and Personal Injury
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South Carolina
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Q: Car scraped another vehicle and police contacted me; what should I do?
I let someone drive my car, and they accidentally scraped a parked car on the side of the road, leaving a small scratch without stopping. They said they weren't aware it happened. The police left a voicemail stating my car might have been involved in an accident, but I've made no contact... View More
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James L. Arrasmith
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answered on Aug 30, 2025
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answered on Aug 30, 2025
It’s important to address this situation promptly, since ignoring the police call could make things worse. If your car was involved in an accident, even a small scrape, you are legally required to report it. The best first step is to return the officer’s call, be polite, and explain what you... View More
1 Answer
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Car Accidents, Consumer Law, Insurance Defense and Personal Injury
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South Carolina
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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
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James L. Arrasmith
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answered on Jul 19, 2025
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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
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
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James L. Arrasmith
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answered on Jun 12, 2025
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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
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
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James L. Arrasmith
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answered on Jun 11, 2025
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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: 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
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James L. Arrasmith
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answered on Jun 10, 2025
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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
3 Answers
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Car Accidents, Arbitration / Mediation Law, Insurance Defense and Personal Injury
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South Carolina
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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
answered on May 19, 2025
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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Civil Litigation, Real Estate Law, Personal Injury and Insurance Defense
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South Carolina
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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
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James L. Arrasmith
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answered on May 14, 2025
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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
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
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James L. Arrasmith
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answered on Apr 13, 2025
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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
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
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answered on Apr 8, 2025
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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... View More
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
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James L. Arrasmith
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answered on Jan 10, 2025
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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... View More
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