Visitor Question

Tendering insurance policy limits?

Submitted By: Monica (South Carolina)

The insurance adjuster informed me that his insured has a $50,000.00 limit on the policy, and that I would have to tap into my underinsured motorist coverage. I understand that… my question is, will there still be some kind of negotiation, or will they just send the $50,000.00?

And how long does it take whenever an insurance company tenders the policy limits? Is there a statue of limitations? I read some where that they only have 30 days from the time they receive your demand letter, is this true? Thanks for any information you can give regarding these issues.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Monica,

The statute of limitations in personal injury claims in South Carolina is 3 years from the date of injury. This means, if you aren’t able to settle your injury claim within 3 years, you must file a lawsuit to “toll” the statute. Once a lawsuit is filed within the 3 year period, there is no time limit, you won’t have to worry about how long it takes to settle your claim or win it at trial.

You should not tap into your underinsured motorist coverage until, and unless, the insurance company tenders policy limits of $50,000.

In the event the insurance company offers less than $50,000, you can either try to negotiate a higher amount, file a lawsuit against the at-fault driver, or agree to their offer and then tap into your underinsured coverage.

If the insurance company refuses to tender policy limits, you might also be best served by seeking the counsel of an experienced personal injury attorney. Most won’t charge for an initial office consultation.

Bring along all your medical records and bills, and your out-of-pocket expenses receipts. The attorneys will review the documents at no cost and give you a better idea of the amount your should be paid by the insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 14, 2014

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