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How to File a Bad Faith Insurance Claim in South Carolina

Filing a bad faith insurance claim in South Carolina can be a complex and challenging process, but with the proper knowledge and legal guidance, you can assert your rights and seek fair compensation.

July 5, 2023

Dealing with insurance companies can be a frustrating and time-consuming process. When you're turning to your insurance company after a car accident or other damage, the last thing you want is to feel like they are not acting in your best interest. Bad faith insurance claims are common problems that often leave policyholders needing outside help. 

With the proper knowledge and a solid action plan, you can stand up for your rights and seek the fair compensation you deserve. Attorney Tyler Rody will evaluate your situation, explain your legal rights, and if necessary, initiate the lawsuit filing on your behalf.

Determine The Wrongful Act

If you want to file a bad faith insurance claim in South Carolina, you must determine if the insurance company acted wrongly. Some signs they may have acted in bad faith include:

  • Denying your claim without conducting a proper investigation
  • Failing to communicate with you regarding your claim
  • Misrepresenting policy provisions or your coverage amounts
  • Delaying or stopping payment of claims without cause

Identify Losses

When filing a bad faith insurance claim, you should identify the losses you have experienced due to your insurance company's actions or inaction. Identifying your losses can help support your claim and provide a basis for the compensation you are seeking. Here are some common types of losses you might encounter in a bad-faith insurance claim:

  • Financial losses
  • Emotional distress
  • Legal fees and expenses
  • Consequential damages

Opportunity to Settle

The key in establishing a legal claim for bad faith is the insurance company must have an opportunity and a reasonable amount of time to settle the claim within the policy limits. The insurance company must have all of the evidence establishing that the losses of the claim warrant the payment of the policy limits, and then enough time to sort through that evidence. 

Often, despite ample evidence showing the merits of a claim, insurance companies will still make “low ball” offers. When this happens, policies of insurance become “open” and unlimited. A bad faith claim will often arise immediately after an insurance company has unreasonably declined to pay its insured an amount within the policy limits. 

Watch Out For The Statute of Limitations

In South Carolina, you only have three years from the date of loss or denial of your insurance claim to file a bad faith lawsuit against your insurance company.

While three years may seem like a long time, these complex legal cases can take time to assemble. Consult a Spartanburg bad faith attorney if your insurance company denies your claim improperly. The sooner you act, the better your chances of success in holding the insurance company accountable.

Get Help From a Spartanburg Bad Faith Insurance Attorney

Filing a bad faith insurance claim in South Carolina can be a complex and challenging process, but with the proper knowledge and legal guidance, you can assert your rights and seek fair compensation.

The team at the Law Office of Tyler Rody in Spartanburg is here to guide you through the process and fight for the compensation you deserve. Contact us today for more information on how we can help you file a bad-faith insurance claim.

Tyler Rody

Tyler Rody

Author

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