Insurance companies are businesses, and adjusters are trained to resolve claims for as little as the company reasonably can. Common tactics include asking for a recorded statement early, requesting broad medical records access, making a quick low offer, delaying the claim, and questioning whether your injuries came from the accident. You can protect your claim by documenting everything, being careful about what you sign and say, and talking with a personal injury attorney before you accept any offer.
Why the Insurance Company's Goals Are Different From Yours
After a serious injury, you are focused on healing, getting back to work, and taking care of your family. The adjuster handling your claim has a different job. Whether you were hurt in a car accident, at a business, or on someone else's property, the adjuster for the at-fault party's insurance company works for the company and its policyholder, not for you.
That doesn't make the adjuster a bad person. It does mean that friendly conversations and quick phone calls are part of a process designed to keep claim costs down. Understanding how that process works puts you in a much stronger position.
Common Tactics Insurance Companies Use
Asking for a Recorded Statement Right Away
Adjusters often call within days of an accident and ask to record your account of what happened. You are generally not required to give a recorded statement to the at-fault party's insurance company, and anything you say can be used to limit your claim later. Even a polite "I'm fine" when an adjuster asks how you're doing can be pointed to later as a sign you weren't hurt. Learn more about whether you should talk to the insurance adjuster.
Requesting a Broad Medical Authorization
Some authorization forms give the insurance company access to your entire medical history, not just records related to the accident. That access can be used to search for older conditions to blame for your injuries. Before signing anything, read what to know about medical authorization forms.
Making a Quick, Low Offer
An early settlement offer can feel like a relief, especially when bills are piling up. The problem is that serious injuries often take time to fully reveal themselves. Once you sign a release, your claim is generally over, even if you later need surgery or can't return to work. Here's a closer look at the damages available in a South Carolina injury case.
Delaying the Claim
Slow responses, repeated requests for the same documents, and long gaps between updates can wear people down until a low offer starts to look acceptable. Delays also run the clock. In South Carolina, most personal injury claims must be filed within three years, though some exceptions apply.
Blaming a Pre-Existing Condition
If you had back pain before an accident, the insurance company may argue that your current pain has nothing to do with it. South Carolina law allows you to recover when an accident makes an existing condition worse. Pre-existing conditions often matter less than people expect.
Shifting Blame Onto You
South Carolina follows a modified comparative fault rule. You can recover damages as long as you are not more than 50 percent at fault, but your recovery is reduced by your share of the fault. That gives insurance companies a reason to argue you were partly responsible, whether that means claiming you were distracted on the road or should have seen a hazard on the floor. After a car accident, keep in mind that the police report does not have the final say on fault.
Reviewing Your Social Media and Daily Activities
Insurance companies may look through your public social media, and in some cases they hire an investigator to observe your daily activities. A single photo of you lifting your child or carrying groceries can be taken out of context to suggest your injuries aren't serious. Consider setting your accounts to private and posting less until your claim is resolved.
Suggesting You Don't Need an Attorney
An adjuster may tell you your claim is simple enough to handle on your own. For minor injuries, that can be true. For serious injuries, having someone on your side who knows how these claims are valued can make a significant difference in your recovery.
Looking Only at the Medical Bills
Medical bills are the easiest losses to add up, so they often become the focus of an offer. A serious injury affects far more than that. It can mean missing your child's games, needing help with everyday tasks, or losing sleep to pain. Those losses are real, and they belong in your claim. Learn how pain and suffering is proven in South Carolina.
What to Do If the Insurance Offer Is Too Low
The right next step depends on your situation.
If your vehicle was damaged: After a car accident, the at-fault driver's insurance company should pay for the damage to your vehicle, including its diminished value. If it refuses to pay a fair amount, you may be able to file a property damage arbitration claim. Here's more on property damage and diminished value claims in South Carolina.
If your injuries were minor: You may be able to negotiate with the insurance company on your own. Gather your medical bills and lost wage documentation from your employer, and send them to the adjuster to support what you are asking for. Even so, it's a good idea to talk with an injury attorney before you accept an offer. A short conversation can help you understand what your claim may be worth and whether you need a lawyer at all. It also helps you avoid waiting too long and missing the deadline to file. Our firm offers free consultations, so there's no cost to getting answers.
If your injuries are serious: Negotiating with an insurance company while managing doctor's appointments, medical bills, and time away from work is a heavy load. An attorney can take that weight off your shoulders, present the full story of how the injury has changed your life, and pursue a full and fair recovery. Learn how our firm helps people after a catastrophic injury, or call our office for a free consultation to talk through your situation.
Putting Pressure Back on the Insurance Company
When someone else is responsible for your injuries, their insurance company is obligated to pay your claim. If you were hurt in a vehicle accident and the at-fault driver has no insurance or not enough, your own policy may help cover your losses. Here's more on how policy limits affect injury claims and when underinsured motorist coverage can help.
When an insurance company won't make a fair offer, there are several ways to move the claim forward. Sometimes that means sending a policy limits demand before filing a lawsuit. Other times, it means filing a lawsuit against the person or business that caused the harm, which often leads their insurance company to take settlement more seriously. And when your own insurance company unreasonably denies or delays benefits you are owed under your policy, South Carolina law may allow a bad faith claim. Learn more about suing an insurance company for bad faith in South Carolina.
How Our South Carolina Injury Firm Helps
When you work with our firm, we serve as the go-between for you and the insurance company. We take over the calls, paperwork, and negotiations so you can focus on your recovery. We also take the time to learn what your life looked like before the injury and what it looks like now, because a full and fair recovery depends on the whole picture, not just the medical bills.
We keep you informed at every stage, and we are always a phone call away when you have questions. You owe no attorney fees or case costs unless we recover money for you.
If an insurance company is delaying, denying, or undervaluing your claim, call our office for a free consultation. Our Columbia personal injury team helps injured people across South Carolina.
Frequently Asked Questions About Delayed Insurance Claims in South Carolina
You are generally not required to give a recorded statement to the at-fault party's insurance company. It's a good idea to speak with an attorney before discussing your injuries with any adjuster.
Not before you understand the full extent of your injuries and losses. Once you sign a release, you usually can't ask for more money later, even if your condition gets worse.
Yes. Anything you post publicly can be reviewed and used to question your injuries. Consider keeping your accounts private until your claim is resolved.
South Carolina law allows you to recover for an accident that made an existing condition worse. Your medical records and your doctor's opinion are key to showing the difference.
Kenneth Berger
Founding Attorney & Author
Kenneth “Kenny” Berger has dedicated his professional life to representing deserving human beings and their families in life-altering injury and wrongful death cases across South Carolina. Through consistent application of values such as honesty, hard work, and generosity, he has helped achieve noteworthy results while also earning the respect of clients, colleagues, and community.
Author's Bio