Car wrecks can be overwhelming, even when no one is physically injured. If your vehicle was damaged, you may assume the insurance process will be simple, but many drivers encounter delays, undervalued claims, and denials.
Unlike personal injury claims, most property damage claims in South Carolina do not require an attorney. In fact, it can be difficult to find a lawyer who will take a property damage-only case. At Palmetto State Injury Lawyers, we focus on personal injury cases and do not handle property damage-only claims. However, we understand this is a common concern for many South Carolinians. That is why we have put together this free guide to help you handle your claim on your own.
Who Pays for Property Damage in South Carolina?
In South Carolina, the at-fault driver’s insurance company is responsible for paying for your vehicle’s property damage as well as any injuries you sustained.
Learn more about fault here: Car Accidents: How Fault is Determined
If you have collision coverage, your own insurance company should pay for your vehicle repairs or compensate you if your car is totaled. You will have to pay your deductible upfront, but if your insurer successfully recovers from the at-fault driver’s insurance (a process called subrogation), they should reimburse your deductible.
If you do not have collision coverage and the wreck wasn’t your fault, then the at-fault driver’s liability insurance will pay for your property damage. If the At-Fault Driver was uninsured (or if you were the victim of a hit-and-run) your own insurance company should cover your property damage under your uninsured motorist (UM) coverage.
If the wreck was your fault and you do not have collision coverage, then there is no insurance coverage for your property damage. You must cover the expense out-of-pocket.
Always Report the Collision to the Police
Even if no one appears to be injured and the damage seems minor, you should always call the police and file an accident report. Having an official report is crucial for several reasons, including:
Proof of the Accident: The police report serves as an official record, which helps prevent the other driver from changing their story later.
Determination of Fault: While police officers may not assign liability, their observations can support your claim.
Learn more here: How to Request & Read a SC Police Incident Report
If the police do not come to the scene, you are still required to file a report with the South Carolina Department of Motor Vehicles if the wreck resulted in property damage exceeding $1,000 or involved injuries or death. The report must be submitted within 15 days of the incident.
Document the Scene by Taking Photos and Videos
One of the most important things you can do after a wreck is gather evidence.
Take clear, detailed photos of:
Your vehicles damage (all sides, even if it looks minor)
The other drivers vehicle (including all visible damage)
The other drives license plate (this ensures you have proof of their vehicle’s involvement)
The accident location (including street signs, traffic signals, and skid marks)
Debris, fluid leaks, or road conditions that may have contributed to the crash
Any visible injuries (even minor bruises or swelling)
The other driver’s license and insurance card
Record a video of the scene:
A video is worth a thousand pictures. It provides better context for how the vehicles are positioned, any environmental factors, and the overall impact of the crash.
Walk around the accident scene, capturing all vehicles, license plates, damage, traffic signs, and road conditions in one continuous video.
If possible, narrate the video, stating the date, time, location, and anything else relevant to the crash.
Get the Other Driver’s Contact Information:
Full name and phone number
Insurance company and policy number
Drivers license and vehicle registration
License plate number
Make, model, and color of the other vehicle
If there are witnesses, ask for their names and contact information in case their statements are needed later.
Report the Accident to Your Insurance Company
Even if the other driver was at fault, you should report the accident to your own insurance company as soon as possible. Most policies require timely reporting, and failing to do so could impact your coverage.
Check for Injuries
Many people mistakenly believe that being sore after a crash isn’t a real injury. Soreness can indicate soft tissue damage, whiplash, or other underlying injuries that may worsen over time. Some injuries, like concussions or muscle strains, don’t show symptoms immediately.
If you feel sore, stiff, or develop headaches in the hours or days after the crash, seek medical attention as soon as possible. Also, be careful about what you tell the insurance company. If you say you weren’t injured but later develop symptoms, they may try to deny your claim.
What Am I Entitled to After a Car Accident?
If you were in a wreck in South Carolina that was not your fault, you are entitled to these types of compensation for property damage:
Cost of Repairs: The insurance company will inspect your vehicle and provide an estimate. If you disagree with the estimate, request a second appraisal and/ or get an independent appraisal.
Fair Market Value: If your car was totaled, the insurance company should pay you the fair market value. The amount a buyer would pay for your vehicle at the time of the accident. This is not based on what you originally paid or any sentimental value. To get an estimate, visit Kelley Blue Book, Edmunds, or NADA’s website and enter your car’s year, make, model, mileage, and condition. If the insurance company undervalues your claim, negotiate using supporting evidence. Learn more here: Everything You Will Need to Know if You Ever Hear the Dreaded Words “Your Car is Totaled”
Loss of Use: If you are unable to use your car after an accident, you may receive compensation for a rental car or alternative transportation. Some insurance companies limit rental coverage or the number of days they will pay.
Depreciation (Diminished Value): If your repaired car is worth less than before the accident, the insurance company should compensate you for lost resale value. However, many insurers initially refuse to pay diminished value claims, requiring arbitration. If the wreck was your fault, you cannot file a diminished value claim.
Additionally, if your personal property inside the vehicle was damaged in the accident, your claim should include compensation for those items. This may include: electronics (laptops, phones, tablets), child car seats (which should always be replaced after an accident), eyeglasses or sunglasses, work tools or equipment, other valuable items that were inside the car. Be sure to take photos of any damaged property and keep receipts if you need to replace anything right away.
Additionally, if the at-fault driver was intoxicated or reckless, you may be entitled to punitive damages.
How Is Diminished Value Calculated?
Even after repairs, a car with an accident history loses resale value. If you were not at fault, the insurance company should compensate you for this loss. For example: If your car was worth $15,000 before the wreck but is now worth only $10,000 after repairs, you should receive $5,000 in compensation.
To calculate the diminished value:
Visit Kelley Blue Book, Edmund’s, or NADA’s website and enter your car’s year, make, model, mileage, and condition.
Do this twice: once for the pre-accident value and once for the post-accident value.
Subtract the new value from the old value to determine your diminished value loss.
What Can I Do If the Insurance Company Refuses to Pay the Full Value of My Claim?
You can file a property arbitration claim in the county where the accident occurred. In arbitration, a neutral third party reviews the case and decides on fair compensation. You and the insurance company will present evidence, and the arbitrator will determine how much you should receive.
You have three years from the accident date to file a claim. This is called the Statue of Limitations.
This brochure from the South Carolina Department of Insurance provides helpful information about how to handle property damage arbitration in South Carolina and what you need to bring to present to the arbitration panel.
When filing a property arbitration claim, you must fill out this form and bring it to the Clerk of Court’s office in the county you reside or the county where the accident occurred. Automobile arbitration cases have a $10 filing fee.
Who Decides the Amount in Property Damage Arbitration?
Unlike personal injury cases, judges and juries do not decide property damage arbitration claims. Instead, a three-person panel of attorneys reviews the evidence and determines fair compensation.
What Evidence Do I Need for Property Damage Arbitration?
To prove the insurance company’s offer is too low, you should provide:
Proof of your car’s pre-accident value: Use Kelley Blue Book, Edmunds, or NADA’s .
Diminished value appraisal: Hire a diminished value expert or use online calculators.
Receipts for upgrades: If you made improvements to your vehicle, provide receipts.
Loss of Use: Provide receipts for rental car or other alternative transportation.
Other property: Provide photos of any damaged property and receipts for anything you have replaced,
Handling a property damage claim in South Carolina can be frustrating, but you are entitled to full compensation if another driver was at fault.
While Palmetto State Injury Lawyers does not handle property damage arbitration, we hope this guide helps you successfully navigate the process. If you were also injured in the accident, contact us today for a free consultation.
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