How To Maximize Your S.C. Property Damages Insurance Claim Money

When your car is wrecked but not totaled you can recover the cost to repair the vehicle from the liability insurance company. Everyone knows that. If the damage to your car is significant, you can also get substantial money damages for two other kinds of loss: the loss of use and the loss in value of your vehicle because it was in a wreck. Read on to see how to gather evidence in support of these supplemental property damages claims.

Loss of Use.

When your car is being repaired, you are entitled to damages caused by the loss of use. This is normally equal to the cost of a rental car, or around $12 - $15 per day depending on your location. 

If you had a special vehicle, like a truck used for your small business, or a larger vehicle needed to transport a large family, then you are eligible to a replacement vehicle that is suitable for your purposes.  If you car is repaired in just a couple days, it is probably not worth quibbling over this element of your claim. On the other hand, if you do have to litigate the dispute, then you should seek full compensation. 

To make a claim for a special loss of use, you need to establish the cost of replacing your specialty vehicle. You need documentation to establish the additional cost of renting a specialty vehicle.

If the liability insurance company refuses to provide a replacement vehicle while yours is being repaired, you have options. 

First, you should rent one yourself. The out of pocket cost of the rental should be fully reimbursed. If you need to replace a specialty vehicle, make sure that the invoice indicates why the rental cost is higher than $10-$15 per day. Also, shop around so you can prove later you have mitigated the damages by finding the most reasonable rental cost in your market. 

When you cannot rent a vehicle, then you can negotiate to rent a vehicle from a friend of family member. I am an Uber fan. If you live in a city and have a smart phone, this is a great option.  Use the Uber application to purchase your rides around town. You can request Uber to print an invoice showing all purchases during the period you were without a vehicle. You should be able to make a full recovery of Uber costs.

Alternatively, you may agree to just reimburse your friends for rides based on the mileage driven. If you choose this option, keep a contemporaneous log book of all trips. You can use the log to prove the mileage reimbursement at the government rate.

If you have to bring your vehicle to the repair facility on more than one occasion, then you are eligible for loss of use damages each time you are without.

Diminution in Value

Anytime your car is in a wreck, there is a probability it will lose value. The amount of diminution depends on the extent of the damages and the age and quality of your car. 

We recommend obtaining some key documents to prove your diminution in value damages. 

a. Figure Out Your Car's Pre-Collision Value

First, as quickly as you can, determine your car's pre-collision estimated fair market value. You can use several services on the Internet to help you. Here are two we recommend:

Edmunds True Market Value Estimator

Kelly Blue Book

Figure out the fair market value quickly because as your car ages the car value will decrease. Print a copy of the reports and save a copy of the reports for future evidence of your car's pre-collision true value. Establishing your car's true value is a key element of any property compensation claim.

b. Where's the  Car Fax

A few weeks after the repair work is finished, buy a Car Fax report. Sometimes it might take a while for the collision to show up so it does not hurt to wait for a few months before seeking this information. 

Car Fax reports are helpful because most used car buyers use them to investigate vehicle history. If your vehicle report shows your car was in a collision, then the value of the car will be less than the value of a car that was not in a collision. Car Fax also characterizes the severity of the collisions so it can make a pretty big difference in value.

c. Sell the Car On the Open Market

We recommend you first take your fully repaired car to Car Max. The Car Max will inspect your car and make a written offer to buy it. Keep the written offer. Technically, the written offer by Car Max is not hearsay. This offer is typically low. You should be allowed to introduce the written offer into evidence as a "verbal act."  The offer from Car Max is evidence of the fair value of your vehicle after the collision. 

When you subtract the the Car Max offer from the pre-crash true market value of the vehicle, the product is the maximum amount of your diminution of value claim. However, an insurance lawyer or adjuster will typically argue Car Max offer was not a fair price for your repaired car.  

To neutralize this position, try to sell the car on Craigs List for what the insurance company claims is the true value. So, if the insurance company offered you anything for your car's post-crash diminution in value, subtract that amount from the pre-crash tue value you figured earlier. That is the price point you shoot for when you try and sell it on Craig's list.  Clean your car up and use good pictures when you advertise the car on Craigs List. You should also upload your Car Fax report.

Keep track of all offers made and all all calls received in your logbook.  Later, you will testify about these calls and offers (or the absence of offers and calls) to prove the amount the insurance company value was too high to sell the car on the market. If at any point, you do get an offer you like, take it! 

If you do sell your car, the actual amount you sell it for is strong evidence of its actual true value post collision. Just make sure you do a good job of trying to get the best price you can before you sell so you can explain it in court that you have mitigated damages. 

If you cannot sell the car, your monetary damages for its loss in value is likely somewhere between the low Car Max offer and the insurance company offer. The quality and extent of your efforts to sell the car on the open market will determine whether the damages are closer to the Car Max number or the insurance company offer at a trial. 

Please read this post about getting more out of your property damages claim.  

Later, I will post more on how to file a South Carolina arbitration claim.

List of Resources for Traumatic Brain Injuries

I put together this list of resources for people who have suffered traumatic brain injuries, their families, or attorneys who represent them. This is a South Carolina centric list but has useful information for other states as well. I hope that this information will help.

Traumatic Brain Injury Resource List

View more lists from Edwin Turnage

Handling A South Carolina Automobile Insurance Repair Claim

Nobody wants to crash. It is never worth it. If you're reading this post, you or a friend are probably in a situation. If so, then the information about how to make an automobile repair claim will help.  

In South Carolina, automobile liability insurance companies must act immediately to fully settle property damages when negligence is obvious.

Whenever an insurer has the appropriate motor vehicle coverage . . . the payment of the full property damages . . . is immediately due and owing and must be paid promptly.

S.C. Code Ann. S  38-77-330. 

If the claim is against your own policy (such as for collision, comprehensive, or uninsured motorist insurance), then your policy language effects the amount of compensation due. This post assumes your claim is against the insurance company for the at-fault driver.

The most common type of South Carolina insurance claim is a minor collision claim involving a repairable vehicle. The idea is that your car's collision damage will be so completely repaired that it will end up in its pre-collision condition. This means that the quality of any mechanical repairs must be top notch. 

1. Where

The choice of where to have a vehicle repaired is yours. You may direct that the insurance company take your vehicle to your facility of choice. However, there are advantages to be gained by letting the insurance company pick the repair facility. For example, when there are problems with the repair work, it is easier to argue for additional compensation when an insurance company picks the facility. If you pick the facility, the insurance company will often try to blame your mechanic for post-repair problems or delays (loss of use issue). 

2. Parts

Unlike a lot of States, South Carolina does not have a specific statute mandating use of original equipment parts (OEM). However, the common law here does require them. When a repair facility does not use OEM parts, document it for your claim. It may entitle you to additional compensation. 

On the other hand, because the vehicle was not brand new when you crashed, the liability insurance company is not required replace broken parts with brand new parts. 


You somewhat control the repair of your vehicle. Therefore, you might choose to use after-market parts to save money.  Just make sure that it is you gaining the savings and not the insurance company or the repair facility.

3. Thoroughness

When you evaluate a minor repair job, consider that all damage must be fixed, including smudging of paint or any scratching of the body. The body work aspect of the repair can be costly and you want to make sure this part of your compensation is paid.

Do not let an insurance company argue you out of repairing a paint smudge on a plastic bumper as too nit-picky. You should still seek compensation for the repair.

4. Inadequate Repairs

If there is a problem that is not being fixed, keep good notes about what is wrong.  Your obligation is to be a good historian when reporting symptoms to a repair facility.  A facility cannot be expected to fix a problem they cannot understand. Clear written communication is key.

The repair facility must have an opportunity to cure defects in their work. Bring the vehicle back to the repair facility until either they (1) fix the symptom; or (2) tell you that it cannot be further repaired.  

When a facility tells you it is unable to repair a symptom, or that the condition is irreparable, document the issue with a written or recorded statement from the technician or facility employee.  At the very least, make your own notes. Also, request and keep copies of all invoices and work orders at the facility. These are forensic documents that should be preserved in case needed later to support your claim.

5. Loss of Use

During the period your vehicle is under repair, you are eligible for the loss of use of your vehicle. The monetary amount of this loss is typically pay about $10 - $20 (the cost of a rental vehicle). Sometimes an insurance company provides a rental vehicle instead of paying these losses with monetary compensation. Keep good records of the periods you are without a vehicle so you can make a claim for compensation.

6. Other Property Damage

There are a lot of other possible property damages caused by a collision. Next week I will post about how you can get even more money (compensation) out of a property damages claim.

7. Who Gets the Check

If you have a loan on the car, sometimes the insurance company will add the bank as a payee on the check. This is intended to insure that the bank's collateral (your car) is repaired. The bank may want to participate in picking the facility where the repair work will be done.  

If the car is taken to the insurance company facility for repairs, the check is sometimes made payable to both the facility and you. In so, inspect your car to verify the repairs work was completed before you endorse the check.  

If you choose the facility, the check may be issued to you. In this situation, take the car to your mechanic and negotiate a price.

How to Make a South Carolina Automobile Property Damages Claim Without an Attorney

You have three property damage insurance claims you can make when your car is in an accident with a careless South Carolina driver : 

• A liability insurance claim (his policy);
• A collision insurance claim (your policy);  and
• A uninsured motorist claim (your policy). 

Let's go in order.  

Liability Insurance Claim

If the other driver is legal, he will have liability insurance that covers property damages caused by his careless driving. 

Making a claim is simple.  Write to or call the other driver's insurance company. We recommend writing because it creates a record. But calling will work fine if the liability insurance company is honest. Keep notes about all communications with insurance companies. 

The liability insurance company will open a claim, assign a claim number, and refer the claim to a property damages adjuster. Write this information down.

The Liability Adjuster's Preliminary Investigation

The first two issues the liability insurance adjuster will address is (1) verification that the other driver's carelessness caused the collision, and (2) that there was coverage on the car at the time of the collision. 

• Liability Investigation

A copy of the FR-10 form should be sent to the liability adjuster as soon as the claim file is opened and/or a property damages adjuster is assigned to your claim. The adjuster's liability determination can be made simply referring to the police report, which will indicate the police officer's opinion on fault. The FR-10 is a forensic document and it puts pressure on the adjuster to quickly resolve the liability issue and move on to the property damages assessment. 

Sometimes the property damages adjuster will want to talk to the driver of the other car to verify the police officer's opinion.  Sometimes this can cause a delay.  The longer the adjuster's liability investigation drags on unresolved, the longer it will take to pay you for your loss.  With some insurance adjusters, the preliminary investigation can take days or even weeks.  When the delay associated with the adjuster's investigation becomes inconvenient, just file a collision insurance claim (if you have such coverage on your policy).  

• Coverage Investigation

During the preliminary investigation stage, the liability insurance adjuster will also make a coverage evaluation. This coverage evaluation should not take long. However, there are exceptions such as when there is an issue of "permissive use" or fraud.

If there is a substantial delay caused by a coverage investigation, file an "uninsured" claim with your own insurance company.

Damages Assessment

Eventually, the liability adjuster will attempt to determine the amount of your property damage. The damages assessment process is the same no matter what type of insurance claim you are making (liability, collision, or uninsured).

• Minor Collision

In a minor collision, the adjuster will hire someone to view your vehicle and assess the cost of repairs. 

You have two options: (1) You can accept payment for the estimated repair expense and hire your own mechanic, or (2) you can take the car to one of the insurance company repair facilities.   

Which option is best? 

It depends.

I favor the insurance company repair facility because that will reduce argument about who is responsible for faulty repair work. However, if you know a good mechanic and the repair offer is more than what your mechanic is charging, it makes sense to choose someone you know. 

If you take the vehicle to the insurance company repair facility, keep bringing it back over and over until the repair work is completed or they just refuse to work on it anymore. You should also have your car checked by your mechanic to verify that factory parts were used and that all the repairs were adequately made. Take pictures, make recordings, and obtain statements if there are repair issues. 

• Major Collision

In a bad collision, the issue of total loss has to be considered. 
Insurance companies generally realize that when the cost of repairing a car is more than fifty percent of its total value, it is a total loss. This is because major repair work will never be able to fully return the vehicle to its pre-collision state, and the vehicle will have a significant loss in value.  

• Total Loss

If the insurance company decides to total your vehicle, then you have two options: 

1. You can keep the vehicle and receive a payment for its pre-collision, fair market value minus the post-collision "salvage value." (The salvage value of a new vehicle can be quite high.) or
2. You can deliver title to the insurance company and receive a full payment for the fair market value of the vehicle before the collision.

Option 2 is chosen frequently because people don't want a smashed up wreck towed to their home.

If still owe money on the car, a bank will hold the title. The liability adjuster will negotiate the payments with both the bank and you to obtain the title free and clear.  Hopefully, the car is worth more than the loan balance, and you will receive some money after your debt with the bank is paid.

• Repair

Repairing a vehicle that was in a major collision to its original condition is impossible. Document and create evidence to prove the inevitable unresolved problems. These problems decrease the value of your vehicle and you should receive compensation for the loss. Here are some examples:

1. Go under the car and take pictures of a bent frame;
2. Use your phone to record squeaks and whistles as you drive;
3. Obtain statements from your mechanic that replacement parts were not factory parts (they can be used factory parts in South Carolina), or that repair work was incomplete; 
4. Record friends who can feel and see lumps on the body or differences in paint; or
5. Take pictures to show visible unresolved problems.

Use the evidence and push for money to make up for the car's decrease in value.

Collision Insurance

Collision insurance is no fault insurance. It pays no matter who caused the collision. Your insurance company will quickly pay you for your loss because it does not need to do a preliminary coverage or liability investigation.  Sometimes it is preferable to make a collision claim and quickly settle with your company rather than waiting weeks on the liability adjuster's investigation.

To file a collision claim, just write or call your own insurance company and tell it you wish to open a claim. Like with a liability claim, the company will open a claim file and assign an adjuster.  

Once the collision insurance claim is paid (or the repair work is authorized), your insurance company will pursue reimbursement with the liability insurance company. 

What you will need to worry about when making a collision claim is your deductible. You need to continue to press the liability insurance company for reimbursement of your deductible. Sometimes your own insurance company will help with this. 

Uninsured Motorist Claim

When the car that caused the collision is uninsured, or when a collision was caused by a hit and run driver, your only option is to file an uninsured motorist claim. You will have to pay the deductible amount.  However, an uninsured deductible will be less than a collision deductible. Make sure your own insurance company processes the claim in the way that is best for you financially.  

The process to make an uninsured motorist claim is the same as any other. Just write or call your company and make the claim. Keep a record of the number and adjuster's name who is assigned to the claim.

You should make an uninsured claim when the liability insurance company is taking too long to figure out if there was coverage. Let the two insurance companies sort it out. Don't forget to make the liability insurance company reimburse you for your deductible.