How to Deal With Insurance Companies After a Charleston Car Accident

A woman in an orange shirt kneels beside a black car, talking on a phone and examining a scratch on the vehicle.

If you’ve been involved in a car accident in Charleston, you may be dealing with injuries, property damage, and mounting medical bills. Navigating the insurance claims process can feel overwhelming, especially when you’re trying to recover from an accident. In these times, having the right legal advice and understanding how to interact with insurance companies can make all the difference.

At Taylor Anderson Law Firm, we understand the complexities of car accident claims and the tactics used by insurance companies. With over 20 years of experience in personal injury law, Taylor Anderson is recognized as a Martindale-Hubbell Preeminent Lawyer (2021-2023) and has been awarded the Martindale-Hubbell Client Champion Gold (2023) for his exceptional client service. Licensed in both South Carolina (2008) and Georgia (2004), Taylor has helped countless clients in Charleston and the surrounding areas achieve favorable results. His experience spans both state and federal courts, ensuring that your case is in trusted hands.

In Charleston alone, there are over 15,000 car accidents annually (South Carolina Department of Public Safety), and many of these result in significant injuries. It’s essential to understand your rights and how to deal with insurance adjusters effectively to protect your financial and physical well-being.

Understand the Insurance Adjuster’s Role

Insurance adjusters work for the insurance company and are focused on minimizing payouts. While they may seem friendly and empathetic, their primary goal is to settle your claim for as little as possible.

Common tactics used by insurance adjusters:

  • Lowballing settlement offers before the full extent of your injuries is known
  • Requesting a recorded statement to use against you later
  • Dismissing the severity of your injuries or disputing medical treatment costs

Avoid These Common Mistakes

Avoiding these mistakes can help ensure that your claim is handled properly and fairly:

  • Don’t give a recorded statement: You are not required to provide a recorded statement to the insurance company. Stick to the facts, and avoid speculation.
  • Don’t admit fault: Even a simple apology can be misconstrued as an admission of liability. Allow the investigation to determine fault.
  • Don’t accept the first offer: The initial settlement offer is typically much lower than what you may be entitled to. Always consult with an attorney before agreeing to any settlement.

Document Everything

Accurate documentation is key in proving your case. Make sure to:

  • Take detailed photos of the accident scene, vehicle damage, and injuries
  • Obtain the police report, as it may help establish fault
  • Keep a record of medical bills, receipts, and expenses related to your injury
  • Document lost wages and any other financial losses due to the accident

Know Your Rights in South Carolina

South Carolina follows a modified comparative negligence rule, meaning you can still recover compensation as long as you are less than 51% at fault for the accident. However, your compensation will be reduced based on your percentage of fault.

Example: If you are determined to be 30% at fault for the accident and the total damages amount to $100,000, your compensation would be reduced by 30%, leaving you with $70,000.

South Carolina law also requires drivers to carry the following minimum auto insurance coverage:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage

With nearly 10.9% of South Carolina drivers uninsured (Insurance Information Institute), it’s crucial to have uninsured motorist (UM) coverage to protect yourself in case of an accident with an uninsured driver.

Consult an Experienced Attorney

Before agreeing to any settlement, it’s advisable to consult with an attorney who can evaluate the offer and help you understand if it fully compensates you for your damages. Taylor Anderson’s experience in handling car accident claims means he understands how insurance companies operate and can advocate on your behalf to secure fair compensation.

Why Choose Taylor Anderson Law Firm?

  • Over 20 years of experience in personal injury law
  • Juris Doctor (J.D.), cum laude, University of Georgia School of Law
  • Bar admissions in South Carolina (2008) and Georgia (2004)
  • Recognized as a Martindale-Hubbell Preeminent Lawyer (2021-2023)
  • Proven track record of securing favorable outcomes in both state and federal courts

Frequently Asked Questions (FAQ)

Q: What should I do if the insurance company offers a settlement?

A: It’s important to never accept the first settlement offer without consulting an attorney. Insurance companies often offer low settlements that don’t account for the full extent of your injuries, future medical costs, or lost wages. Taylor Anderson can help you assess the offer and negotiate for a more fair settlement.

Q: What if I was partially at fault for the accident?

A: In South Carolina, you can still recover damages if you are less than 51% at fault. However, your compensation will be reduced based on your percentage of fault. Consulting with an attorney is crucial in these cases to protect your rights and ensure a fair outcome.

Q: How long do I have to file a car accident claim?

A: In South Carolina, you generally have three years from the date of the accident to file a personal injury or property damage claim. The statute of limitations for filing a lawsuit is also three years, so it’s important to act quickly.

Q: What types of compensation can I recover after a car accident?

A: You may be entitled to compensation for:

  • Medical expenses (including future care)
  • Lost wages and reduced earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress

Q: Do I need an attorney if the insurance company is offering a settlement?

A: Even if the insurance company offers a settlement, it’s a good idea to consult with an attorney before accepting. Insurance companies often offer quick settlements that may not fully account for your long-term medical needs or other expenses. An experienced lawyer can help ensure you’re treated fairly.

Contact Taylor Anderson Law Firm for Help

If you’ve been injured in a car accident in Charleston or surrounding areas, Taylor Anderson Law Firm is here to guide you through the process and fight for your rights. With a track record of success in both South Carolina and Georgia, you can trust that your case will be handled with care and expertise.

Posted on behalf of Taylor Anderson Law Firm


Go back to Blog page