Automobile Insurance - South Carolina Department of Insurance by mm6889


									                                     South Carolina
                                 Department of Insurance

                                 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
     (Toll Free Only in SC)
       803-737-6231 - fax
                                                  HOW TO BEGIN                                          WHAT YOU
                                                  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
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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