South Carolina Department of Insurance Automobile Insurance Arbitration: Resolving Disputed Property Damage Liability Claims South Carolina Department of Insurance 1201 Main Street, Suite 1000 P. O. Box 100105 (29202) Columbia, South Carolina 29201 803-737-6180 800-768-3467 (Toll Free Only in SC) 803-737-6231 - fax www.doi.sc.gov HOW TO BEGIN WHAT YOU PURPOSE THE PROCESS MUST DO The purpose of this The claim should be filed in the Clerk of • Bring all records which may pertain to guide is to inform Court's Office in the county you reside, or in the claim including, but not limited to South Carolina's the county where the accident occurred. You the following: insurance consum- must complete the necessary forms supplied • At least two estimates of the damages ers of a cost effective by the Clerk of Court and pay a $10 fee. In under dispute. method for resolv- completing these forms, remember you wish • Signed receipts for any repairs already ing disputed property damage liability to arbitrate against the at-fault party, not completed. claims. It contains information that the insurance company. • Bills or receipts for other property dam- could help you save on costly legal fees. ages claimed. WHAT IS HOW THE WHAT YOU ARBITRATION? PROCESS WORKS MAY DO Automobile insurance arbitration The Clerk of Court will either appoint three You have the right to bring witnesses who involves the settlement of a dispute attorneys to serve as the arbitration panel have knowledge of the accident or to sub- over a property damage liability or, if both parties to the accident agree, one poena them if necessary. You have the right claim by a person or persons cho- attorney. A date will be set for the hearing, to secure the services of an attorney, al- sen to hear both sides and come to depending upon the Court's docket sched- though an attorney is not required. a decision. ule. Any person who is a party to a dis- Damages must be awarded as provided by puted automobile property damage law including, but not limited to, actual liability claim may submit the damages, loss of use, depreciation and dam- claim for settlement through arbi- ages to property other than vehicles tration. Arbitration can decide not (personal property contained in the vehi- If you have further questions, please con- only the amount of damages in- cle). tact the Clerk of Court having jurisdiction volved in the claim, but also who is over the hearing. You may contact the responsible to pay for the damages. Consumer Services Division of the South Arbitration cannot be used to settle Carolina Department of Insurance at any a claim against your insurance time for assistance. company that involves collision and comprehensive coverages. Likewise, bodily injury claims are not handled through this process.
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