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Understanding Property Damage Claims After a Car Accident in South Carolina

Man sitting in a car driver's seat, looking at his phone with a deployed airbag in front.

Car accidents are stressful, and dealing with property damage claims can be overwhelming. Whether your vehicle requires repairs or a total replacement, understanding the claims process can help you receive fair compensation. At CFJ Injury Lawyers, we have over 40 years of experience assisting South Carolina residents with personal injury and property damage claims. Led by Attorney Catherine F. Juhas, who is licensed in South Carolina, North Carolina, Washington D.C., and the U.S. District Court of South Carolina, our firm is dedicated to fighting for the rights of accident victims.

Our team, including Attorney Eric Saleme, who has extensive experience handling insurance disputes, understands the tactics insurance companies use to minimize payouts. We work diligently to ensure our clients are not taken advantage of during the claims process. Below, we break down the process and explain how CFJ Injury Lawyers can assist you at every step.

Step 1: Reporting the Accident and Documenting Damage

After a car accident in South Carolina, you should take the following steps to strengthen your property damage claim:

  • Call the Police: South Carolina law requires that accidents involving injury, death, or property damage exceeding $1,000 be reported to law enforcement.
  • Take Photos and Videos: Capture clear images of vehicle damage, road conditions, traffic signs, and any other relevant factors.
  • Gather Witness Information: Statements from neutral third parties can support your claim.
  • Obtain a Copy of the Police Report: This document can serve as crucial evidence when negotiating with insurers.

At CFJ Injury Lawyers, we assist clients in gathering the necessary documentation and ensuring their rights are protected from the outset.

Step 2: Filing a Property Damage Claim

There are two primary avenues for filing a property damage claim in South Carolina:

  1. Filing a Claim with the At-Fault Driver’s Insurance: South Carolina follows a fault-based system, meaning the at-fault driver’s insurance company is responsible for covering damages. The state requires drivers to carry at least $25,000 in property damage liability coverage.
  2. Filing a Claim with Your Own Insurance: If the at-fault driver is uninsured or underinsured, you may need to rely on your collision or uninsured motorist (UM) coverage.

Navigating the insurance claims process can be challenging. At CFJ Injury Lawyers, we communicate directly with insurance companies to ensure our clients receive full and fair compensation. Our experience negotiating with insurers helps us counter their common strategies to minimize payouts.

Step 3: Getting Your Vehicle Repaired or Replaced

Once a claim is initiated, an insurance adjuster will assess the damage. Here’s what to expect:

  • Repair vs. Total Loss Determination: If the repair cost exceeds the car’s market value, the insurance company may declare it a total loss and compensate you based on its pre-accident value.
  • Choosing a Repair Shop: South Carolina law allows you to select your preferred repair shop, though insurers may recommend certain facilities.
  • Negotiating for Fair Compensation: Insurance companies may offer a low initial settlement. Our team at CFJ Injury Lawyers fights to ensure clients receive a just valuation for their vehicle.

Common Challenges in Property Damage Claims

  • Disputes Over Fault: The at-fault driver’s insurer may attempt to shift blame or downplay their liability.
  • Delays in Processing Claims: Some insurers stall claims to pressure victims into accepting lower settlements.
  • Undervalued Vehicle Estimates: Insurance companies may offer less than the market value for repairs or replacements.

Our firm has successfully resolved countless cases involving insurance disputes and unfair settlement offers. With our knowledge and experience, we can push back against unfair insurance practices and advocate for what you deserve.

South Carolina Car Accident and Property Damage Statistics

Understanding local accident trends can provide context for the importance of being prepared:

  • In 2022, South Carolina reported over 145,000 traffic collisions, with more than 60,000 involving property damage.
  • Charleston County alone saw over 13,000 crashes, ranking among the highest in the state.
  • Uninsured motorists are a concern, with approximately 10% of drivers in South Carolina lacking coverage, making UM insurance a valuable investment.

FAQs About Property Damage Claims in South Carolina

Q: How long do I have to file a property damage claim in South Carolina?

A: The statute of limitations is three years from the date of the accident.

Q: Can I recover rental car expenses while my vehicle is being repaired?

A: Yes, if the at-fault party’s insurer accepts liability, they should cover a rental car for a reasonable period.

Q: What if the insurance company’s offer is too low?

A: You have the right to negotiate. CFJ Injury Lawyers can help challenge a low valuation and push for fair compensation.

Q: Can I file a claim if the at-fault driver was uninsured?

A: Yes, through your uninsured motorist (UM) coverage, which is required in South Carolina.

Q: Should I accept the first settlement offer?

A: Not necessarily. Initial offers are often low. Consulting a lawyer ensures you receive a just settlement.

How CFJ Injury Lawyers Can Help

With decades of experience, our team at CFJ Injury Lawyers is committed to helping South Carolinians navigate property damage claims. We provide personalized legal representation, ensuring each client receives the attention they deserve. Our firm has helped thousands of clients recover fair compensation for their losses.

  • “CFJ Injury Lawyers was excellent in their representation of my case. The entire staff was patient, polite, and understanding.” – Kebra Mikell
  • “First! Best! Highly Recommend! I felt the warmth of the atmosphere and clearly the concern of the entire staff.” – Patricia Sullivan

If you need assistance with a property damage claim, contact CFJ Injury Lawyers today for a free consultation. Let us handle the legal complexities while you focus on recovering from your accident.

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