The short answer: After a South Carolina car accident, an insurance adjuster’s job is usually to settle your claim for as little as possible. You aren’t required to give the adjuster a recorded statement. Be careful about what you say, and don’t accept the first offer before you know the value of your claim. Talking to an experienced Greenville car accident attorney first, at no cost, helps protect your right to fair compensation.
If you were recently hurt in a crash, the call from an auto insurance adjuster can come within a day or two, while you’re still sore, shaken, and worried about the bills. Dealing with insurance adjusters in that moment is stressful, and it’s easy to say something that quietly hurts your claim. Here’s what to expect and how to protect yourself.
At McCravy, Newlon, & Clardy, your consultation is free. We work on a contingency-fee basis, meaning we only charge a fee if we recover compensation for you.
In this article, we discuss:
– What an insurance adjuster is really trying to do
– Whether you should give a recorded statement
– What to say and what not to say
– How South Carolina’s comparative negligence rule affects your claim
– How to tell if a settlement offer is fair
What Is An Insurance Adjuster Actually Trying To Do?
An adjuster’s main goal is to close your claim quickly, and for the lowest amount the company can reasonably pay. That doesn’t mean every adjuster is dishonest. Many are friendly and sound genuinely concerned. But remember who signs their paycheck. The adjuster works for the insurance company, not for you, and the company’s priority is its bottom line. To get there, an adjuster may push for a recorded statement, ask for broad access to your medical records, or dangle a fast settlement before you know how serious your injuries are.
Should You Give A Recorded Statement To An Auto Insurance Adjuster?
No. You’re generally not required to give the other driver’s insurance company a recorded statement, and it’s usually smart to decline until you’ve talked to a lawyer. Adjusters often ask early, while you’re rattled and don’t yet know the full extent of your injuries. Anything you say can later be used to minimize or deny your claim. A casual “I’m fine,” or a guess about your speed can be twisted into proof that you weren’t badly hurt or that you share the blame. Stay polite, get the claim number, and let the adjuster know your attorney will follow up.
Hurt in a Greenville crash and already receiving calls? Call (864)665-5111 for a free consultation before you give any statement.
What Should You Say And Not Say To An Insurance Adjuster?
Keep it brief and factual. You can confirm your name, the date and location of the accident, and that you’re receiving medical care. Beyond that, be cautious because you’re not required to speculate or fill the silence. Avoid these common mistakes:
– Don’t admit fault or apologize out of habit.
– Don’t guess about speeds, distances, or details you’re unsure of.
– Don’t say you feel “fine” or downplay your injuries.
– Don’t agree to a recorded statement without legal advice.
– Don’t accept a quick settlement before you understand your injuries.
How Does South Carolina’s Comparative Negligence Rule Affect Your Claim?
South Carolina uses a modified comparative negligence rule, so you can still recover as long as you aren’t more at fault than the other driver, and your recovery is reduced in proportion to your share of the blame. If you’re assigned 51% or more of the fault, you can be barred from recovering anything. That’s exactly why adjusters push shared-fault arguments. Every point of blame they shift onto you lowers what they owe or erases your claim. It’s also why offhand comments are so risky. Keep in mind you also have limited time to act since South Carolina generally gives you three years to file this type of injury claim (S.C. Code Ann. § 15-3-530).
How Can You Tell If A Settlement Offer Is Fair?
You usually cannot tell until you know the full cost of your injuries, which is why first offers are often too low. A fair settlement should account for your medical bills, future treatment, lost wages, reduced earning ability, and pain and suffering, not just what you’ve already paid. Insurance companies count on you accepting early, before those numbers are clear. Once you sign a release, you typically cannot go back for more, even if your injuries turn out worse than expected. Let an experienced attorney review any offer first, and we’ll tell you honestly how it measures up.
Not sure the adjuster’s offer is fair? Call (864)665-5111, and our team will review it at no cost.
Frequently Asked Questions About Dealing With Insurance Adjusters
Do I have to talk to the other driver’s insurance adjuster?
No. You aren’t obligated to give the at-fault driver’s insurance company a statement or detailed information. It’s usually best to refer the adjuster to your attorney and let us handle it.
How much does it cost to hire a car accident lawyer?
At McCravy, Newlon, & Clardy, your consultation is free, and we work on a contingency-fee basis. You don’t pay attorney fees unless we recover compensation for you.
How long do I have to file a car accident claim in South Carolina?
You generally have three years to file this kind of personal injury claim in South Carolina (S.C. Code Ann. § 15-3-530). Some situations shorten that window, so it’s best not to wait to receive advice.
Talk To Us Before You Talk To The Adjuster
You don’t have to face the insurance company alone. For 30 years, McCravy, Newlon, & Clardy has helped injured individuals across South Carolina handle adjusters, and we do it with honesty and integrity. We’ll deal with the insurance company so you can focus on healing. With seven offices statewide, including our Greenville office at 2 Butternut Drive, help is close by. Call 866-MCCRAVY for a free consultation. There’s no fee unless we recover compensation for you.