Text Us!

Bad Faith Claims Against Insurance Carriers in South Carolina

Posted on

It’s not uncommon to think you’ve been treated unfairly by your own insurance company, especially when you are presenting a claim that requires them to pay you a settlement amount. In some cases, the insurance companies are acting within their rights, even if you don’t agree with the outcome. However, there are certain situations where you may have a claim for what’s known as bad faith. This is when your insurance carrier fails to fulfill their legal obligations to you, causing you to suffer financial loss. In these instances, you may have a claim for damages and attorney’s fees against your own carrier. Because bad faith claims are tricky and complex, it’s important to retain a South Carolina personal injury attorney who is familiar with the nuances of bad faith claims in the state.

Most Common Types of Bad Faith

Bad faith insurance
When the insurance company is not playing fair, contact the attorneys at Elrod Pope Law Firm for help.

In South Carolina, bad faith can fall under several different scenarios. One example might be an outright denial. Your insurance company denies a claim that is valid and should be covered by the insurance policy. Another involves delays or partial payments. If the delay in payment of an insurance claim is unfounded, or your insurer only pays out a portion of what they should be paying, this may qualify as bad faith. Failing to thoroughly investigate a claim or failing to make a good faith settlement offer are two of the other scenarios that might reflect badly on an insurance company’s conduct.

Actions That Constitute Bad Faith

According to SC Code Section 38-59-20, there are a variety of activities that can constitute bad faith. These apply to a variety of insurance companies, including accident and health, property and casualty insurance, surety, marine, or title insurance. Some of these improper claim practices include:

  • Knowingly misrepresenting facts to the insured, such as a policy provision;
  • Failing to communicate in a timely manner;
  • Failing to reasonably investigate and settle claims, particularly within a prompt manner;
  • Failing to adopt a good faith attempt to settle a claim;
  • Failing to offer a fair settlement amount (often in order to prompt policyholders to pursue legal suits); and
  • Any other actions that would be considered unreasonable that are taken to delay or avoid settlement of a claim.

Retaining a Bad Faith Attorney

If you’re dealing with a situation where it seems that your own carrier or the third-party carrier is acting in bad faith, you need a skilled attorney who deals with insurance carriers and personal injury claims on a daily basis. Let our team at Elrod Pope Law Firm assist with the claim and ensure your accident settlement is fair and equitable. Contact our office today to schedule a consultation with one of our experienced personal injury attorneys.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.