Filing a Bad Faith Insurance Lawsuit in South Carolina
Everything you need to know about filing a bad faith insurance lawsuit in South Carolina (SC), including state-specific laws, filing deadlines, and how to contact the South Carolina Department of Insurance.
South Carolina law at a glance
Last reviewed against the sources linked below.
Which South Carolina rule governs how auto insurance claims are settled?
South Carolina's improper claim practices statute bars insurers from failing to try in good faith to settle claims promptly and fairly, and from lowball offers that force suits. It does not set a total-loss valuation method.
Source: S.C. Code § 38-59-20
How long do you have to sue over car damage in South Carolina?
South Carolina allows three years to sue for injuring goods or chattels, which covers damage to a vehicle.
Source: S.C. Code § 15-3-530(4)
What is the total loss threshold in South Carolina?
For title purposes, South Carolina treats a vehicle as a total loss (salvage) when repair cost, parts and labor, equals or exceeds 75% of its fair market value. Vehicles worth $2,000 or less and antiques are excluded.
Source: S.C. Code § 56-19-480(G)
General information about South Carolina law, not legal advice. Laws and policies change and your policy wording matters; check the cited source or ask a South Carolina attorney before relying on a deadline. No outcome is guaranteed.
South Carolina Insurance Regulation Overview
South Carolina Department of Insurance regulates the insurance marketplace and assists consumers. The state requires uninsured motorist coverage on all policies, providing additional protection when the at-fault party lacks adequate insurance.
Key South Carolina Insurance Regulations
- Modified comparative fault — barred at 51% or more fault
- 3-year statute of limitations for personal injury and property damage
- Mandatory auto insurance: 25/50/25 minimum liability with uninsured motorist
How to File Filing a Bad Faith Insurance Lawsuit in South Carolina
When filing filing a bad faith insurance lawsuit in South Carolina, it's important to understand the state's specific insurance regulations and consumer protections. The South Carolina Department of Insurance oversees insurance companies operating in South Carolina and provides resources for consumers who need assistance with their claims.
Step-by-Step Process for South Carolina
- Document your claim — Gather all evidence relevant to your filing a bad faith insurance lawsuit including photos, receipts, medical records, and any correspondence with your insurance company.
- Review your policy — Check your insurance policy for specific coverage terms, deductibles, and exclusions that apply in South Carolina.
- File promptly — South Carolina has specific deadlines for reporting insurance claims. Contact your insurer as soon as possible to initiate the claims process.
- Know your rights — Under South Carolina law, insurance companies must handle claims fairly and in a timely manner. If you believe your claim was wrongfully denied, you can file a complaint with the South Carolina Department of Insurance.
- Check the numbers — Compare the insurer's offer or denial with the South Carolina rules above and the policy wording. InsurifyAI can review the insurer's report and help you put your response in writing; you (or your attorney) present it to the insurer.
South Carolina Department of Insurance
Phone: (803) 737-6160
Website: https://doi.sc.gov
File a Complaint: Consumer Complaint Portal
Commissioner: Michael Wise
More on South Carolina auto claims
By insurer in South Carolina
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