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.