Can You Sue for Bad Faith in South Carolina?

You rely on insurance to be there for you when facing a crisis. Perhaps a pipe burst in your home and you need insurance to cover the damage. Or, maybe you were in a car accident that was not your fault and you need the other driver’s insurer to provide coverage for your injuries and other losses. Whatever the case, if you filed an insurance claim and the insurer is not acting fairly, you may wonder if you have the right to sue them. As with most legal questions, the answer is that it depends. Below, our Daniel Island personal injury lawyer explains more.

Suing Your Own Insurance Company 

If your own insurance company acted in bad faith, you do have the legal right to file a lawsuit against them. For example, if you have to undergo a medical procedure, you may rely on your health insurance to provide the coverage you need. The insurance company, though, may refuse to fully fulfill its obligations under the insurance contract in a timely manner.

In this instance, you may be able to file a lawsuit against the insurance company. If you are successful with your lawsuit, you can obtain the coverage you initially deserved, as well as any damages you sustained due to the delay of the coverage.

Suing Another Person’s Insurance Company 

When another person’s insurance company has a duty to pay you coverage and they act in bad faith, the matter becomes a bit more complicated. For instance, you may have been involved in a car crash. Your injuries cost $25,000 in medical bills to treat, you could not return to work for an entire month, you are still experiencing serious back pain, and the other driver admitted that they were at fault. In this instance, you would be able to file a claim against the negligent driver’s insurance company.

However, instead of paying the full coverage you need and deserve, the insurance company only offers you $10,000. They argue that you were not that injured during the crash and that your medical bills are largely the result of a pre-existing condition, even though that is not the case. This happens every day in South Carolina.

In this instance, you may think that you can still sue the insurance company. Unfortunately, the law in South Carolina does not allow you to sue another person’s insurance company. Fortunately, there is a way around this situation. You can ask the negligent driver to assign you their right to sue the insurer. In exchange, you agree not to go directly after the negligent driver’s assets. You are basically asking the negligent party to pay the remaining damages themselves, or give you the right to sue their insurance company. The majority of people would rather you sue their insurer rather than them directly.

Our Personal Injury Lawyer in Daniel Island Holds Insurers Accountable 

If an insurance company has acted in bad faith, our Daniel Island personal injury lawyer at Fuller Law Firm can help. Our seasoned attorney can outline your legal options, help you file a claim, and ensure you receive the fair settlement that is rightfully yours. Call us now at 843-277-0013 or contact us online to schedule a consultation and to learn more.

Source:

scstatehouse.gov/code/t38c059.php