What to Do If an Insurance Company Denies Your Personal Injury Claim in South Carolina

05.15.25

 

Few things are more frustrating than getting injured due to someone else’s negligence—only to have your insurance claim denied. Unfortunately, this happens far too often in South Carolina. If you were hurt in a car accident, slip and fall, or another incident, a denied claim doesn’t mean your case is over. You still have options—and Mastantuno Law Firm is here to help you understand them.

Why Do Insurance Companies Deny Personal Injury Claims?

Insurance companies are for-profit businesses, and they often look for reasons to minimize or reject claims. In South Carolina, common reasons for claim denial include:

  • Lack of evidence of fault
  • Disputes over medical treatment or injuries
  • Delays in reporting the accident
  • Pre-existing conditions
  • Policy exclusions or lapsed coverage

Sometimes, the denial may even be in bad faith—which is when the insurer fails to uphold its duty to act reasonably and fairly under South Carolina law.

Step-by-Step Guide: What to Do After a Denial

1. Review the Denial Letter Carefully

South Carolina insurers are required to provide a written explanation when they deny a claim. Look for:

  • Specific reasons for the denial
  • Relevant policy language
  • Instructions for appealing the decision

This document is your starting point for crafting a response.

2. Gather Supporting Documentation

Start building a stronger case by collecting:

  • Accident reports (police, incident, etc.)
  • Photos and video evidence
  • Medical records and bills
  • Witness statements
  • Any prior correspondence with the insurance company

This documentation can help counter the reasons listed in the denial.

Consult a South Carolina Personal Injury Attorney

3. Consult a South Carolina Personal Injury Attorney

Do not navigate a denial on your own. South Carolina law is complex, and an experienced attorney can:

  • Review your policy and denial letter
  • Identify if the insurer acted in bad faith
  • Reopen negotiations or file an appeal
  • Represent you in a personal injury lawsuit if necessary

At Mastantuno Law, we’ve helped countless South Carolina residents turn denied claims into fair compensation.

File an Appeal with the Insurance Company

4. File an Appeal with the Insurance Company

If the denial was due to a misunderstanding or missing documents, your attorney can help you file an internal appeal. This may include:

  • A detailed rebuttal to the denial
  • Additional medical evaluations
  • Expert witness reports
  • Legal arguments citing South Carolina case law or statutes

5. Consider Filing a Lawsuit

If appeals are unsuccessful, the next step may be filing a personal injury lawsuit in a South Carolina court. A lawsuit might:

  • Force the insurer to settle
  • Allow a judge or jury to decide fault and damages
  • Include a bad faith insurance claim, which could result in additional compensation

In South Carolina, personal injury claims typically have a three-year statute of limitations from the date of injury—so don’t wait.

What Constitutes Bad Faith in South Carolina?

Under South Carolina law, insurers must handle claims promptly and fairly. A denial might constitute bad faith if:

  • The insurer misrepresented facts or policy terms
  • There was no reasonable basis for denial
  • The insurer failed to conduct a proper investigation

If your claim was denied in bad faith, you may be entitled to punitive damages in addition to the value of your original claim.

How Mastantuno Law Firm Can Help

At Mastantuno Law Firm, we specialize in helping South Carolina clients stand up to insurance companies that refuse to do the right thing. We’ll investigate your case, negotiate aggressively, and fight for the full compensation you deserve.

If your claim was wrongfully denied or you simply need guidance, we are here to help.


Call us today or request a free consultation. Don’t let an insurance company’s denial be the final word.