The Short Answer: Know Your Losses Before You Decide
The choice is yours.
Settlement papers are legal documents. It is worth understanding exactly what they say before you sign. Read every page, and if something in the papers is unclear, ask before signing. A lawyer can explain what the papers mean for you.
What If the Insurer Is Pressing Me to Decide Fast?
You can ask for the offer in writing. A written offer lets you read it slowly and share it with someone you trust.
You can also tell the adjuster you need time to review your records. Calm, short replies are fine. You do not need to explain every reason.
If the pressure feels heavy, that is a good moment to talk with a lawyer.
How Does the Other Driver's Insurance Limit Affect the Offer?
It can play a role, but how much depends on the policies involved and what the crash cost you.
If your losses are larger, see what happens with low coverage.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Could My Own Insurance Pay More?
It may, depending on what you bought. Your declarations page lists your coverage, and a lawyer can go over it with you.
How Long Do I Have to Make Up My Mind?
The insurer decides how long its offer stays open. It can also withdraw an offer. If you need more time, ask how long the offer stands and get the answer in writing.
The deadline to file a lawsuit is a separate question. For most South Carolina car accident injury claims, the three-year lawsuit deadline begins on the date of the crash.13 Exceptions may apply depending on the circumstances, and claims against a government agency have their own deadline, which can be shorter.4 Negotiating with an insurance company does not, by itself, extend the deadline.2
See how long you have to file for more.
Illustration only. This is not a real case or a result our firm obtained.
Example: An early offer during treatment Devon is hurt in a crash and spends two nights in the hospital. Two weeks later, the other driver's insurer makes an offer that would cover his bills so far. His doctor has ordered more tests. A month later, he needs shoulder surgery and months of physical therapy, and he is still out of work. The early offer looked reasonable at first. It did not account for the treatment that came after.
What Can I Do While I Think It Over?
You can take steps that help no matter what you decide:
- Go to every appointment and follow your doctors' treatment plans
- Keep copies of every bill, record, and receipt
- Track days missed from work
- Save letters and emails from the insurance company
- Write down what you remember about the crash
Good records make it easier to compare any offer with what you have lost. They also help if you talk with a lawyer later.
When Is It Worth Talking to a Lawyer?
It may help to talk with a lawyer if any of these sound familiar:
- You are still in treatment
- The offer seems low
- The insurer is pushing you to decide fast
- You are unsure what your own policy covers
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.2
- Under South Carolina's discovery rule, the limitations period generally begins when a person knew or reasonably should have known, through reasonable diligence, that they had an injury that might give rise to a legal claim. The person ordinarily does not need to know the full extent of the injury or identify every potentially responsible party before the clock begins.3
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.4
Frequently Asked Questions
Can I make a counteroffer?
Yes, people often respond to an offer with their own number and the records that support it. How the insurer responds depends on the claim and the evidence.
How long do I have to decide?
The insurer decides how long its offer stays open, and it can withdraw it. The time to file a lawsuit is a separate question that depends on the facts of your crash.
Does the other driver's policy limit affect the offer?
It can be part of the picture. How it fits your claim depends on the policies involved and your losses, which a lawyer can sort out once they have heard the details.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.
Attorney responsible for this page: Sean Hall, Sean Hall Law Firm, LLC. Office: 677 King Street, 3rd Floor, Charleston, SC 29403.
