Legal Question in Insurance Law in South Carolina

I was rear ended and suffered whiplash and pain for a couple of days. The insurance company has made an offer for pain and lost wages, how do I know if it is fair and what is the legal statute of limitations. They want the matter closed this week, I would like to wait to see if any long term injury develops.

I am also upset that they are repairing my 2008 Hybrid with after market batteries, cancelling my manufacturers warrantee. The company claims to back up their replacement for the remainder of the warrantee, but what if other damages occur resulting from the after market product. How will all of this figure into loss of value on the vehicle, considering frame and mechanical repairs.


Asked on 8/24/09, 5:33 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Its very hard to tell someone if a settlement offer is fair. There are just so many different things that need to be taken into consideration. I cannot possibly write them all out here. The value of a case depends on how sound the medical documention is, what type of injuries there are, how provable the injuries are, whether there is a medical impairment or disability rating, whether there is any scaring or disfigurement, whether there is documentation as to future medical treatment, the extent and cost of such treatment. Injuries get classified into subjective and objective injuries. The more the injuries are objective the stronger the settlement possibilities are for the claimant. Also, and of great importance is the amount of all of the medical bills. Each case has to be evaluated on its own merits and insurance companies will insist documentation to substantiate the claim.

The statute of limitations in South Carolina is 3 years from the date of injury, unless the suit is againt the government or a branch of the government, then its 2 years.

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Answered on 8/30/09, 1:30 pm


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