Suffering a serious injury because someone else was careless is hard enough. But what makes it worse is when you do everything right, submit your injury claim, and the insurance company turns you down. Whether it’s a car accident or a workplace accident, it can feel like a slap in the face. However, the truth is that a denial doesn’t mean your case is over. South Carolina law gives you options, and the right steps can put you back in a position to fight for what you deserve.
In this blog, we’ll walk through what to do next, step by step—in language that makes sense.
Step 1 — Read the Denial Letter Carefully
The first thing you’ll get from the insurance company, or even a workers’ compensation carrier, is a denial letter. This document matters.
- It should say why your personal injury claim was denied (missing evidence? timing issues? coverage disputes).
- This reason isn’t just bureaucratic paperwork but a roadmap to fix the problem.
If the denial letter doesn’t make sense or seems contradictory, that’s a place where experienced help makes all the difference. Insurance companies aren’t always clear on purpose—and you shouldn’t have to navigate that alone.
Step 2 — Gather & Organize Your Evidence
A denied claim often comes down to insufficient documentation. Insurance companies look for reasons not to pay, so they’ll use any gaps in evidence to justify a denial.
You’ll want to collect:
- All medical records and bills tied to your injury
- Your incident or accident report (police report, employer report, etc.)
- Photos, videos, and witness contact info from the scene
- Copies of all correspondence with the insurance company
Medical documentation is especially critical. In South Carolina, your injury needs to be clearly tied to what happened, and your doctor’s notes are the best proof you have. Missing records are exactly what an insurer will seize on to deny your claim.
Step 3 — Appeal the Insurance Company’s Decision
Insurance companies are required under South Carolina law to handle claims fairly. That doesn’t always happen the first time, but it does mean you can appeal the denial.
Here’s what usually happens next:
- Internal appeal — you submit a written request to reconsider, with all your supporting documentation.
- Follow‑up communication — keep a record of every call, email, or letter you send or receive.
- Detailed explanation — ask the insurer for a written explanation of what they reviewed and why they still believe a denial is appropriate.
Persistence matters here because it shows you’re serious, and it ensures there’s a paper trail if this ever goes beyond the insurance company.
Step 4 — Know Your Rights Under SC Law
In South Carolina, insurance companies must act in good faith and handle claims without unnecessary delay or improper practices. If they deny a valid claim or delay it without good reason, that can constitute bad faith, and you are protected under state law.
That means you could not only pursue your original compensation, but in some cases, seek damages for improper handling of your claim.
Step 5 — Consider Filing a Lawsuit
Once you’ve appealed and gathered all the evidence you can, you may need to take the next step: filing a personal injury lawsuit. This is especially true if:
- The insurer still won’t pay after your appeal
- They didn’t follow the policy’s terms fairly
- They acted in a way that breached South Carolina insurance obligations
Filing a lawsuit doesn’t mean you’re going to trial right away. It often signals to the insurer that you are serious, and they may return to the table with meaningful compensation.
Step 6 — Work With an Experienced Personal Injury Lawyer
This is where the emotional weight lifts a bit: you don’t have to handle this yourself. Insurance companies have teams of lawyers and adjusters whose job is to protect the insurer’s bottom line. You deserve someone on your side who knows how adjusters and juries think, and how South Carolina law works.
Our Charleston personal injury lawyers listen first because your story matters. Then we build the evidence, handle the back‑and‑forth with insurers, and make sure your personal injury case gets the respect it deserves.
Partner with a Personal Injury Attorney in Charleston, SC, for Guidance
A denied injury claim is not the end of the road. You still have rights, options, and a legal process designed to protect you. By understanding your next steps, organizing your evidence, exercising your appeal rights, and standing up to bad-faith insurance practices, you can regain control.
If your injury claim has been denied in South Carolina, reach out today. Let’s look at your denial letter together and map out the best way forward—with confidence, clarity, and a team that’s in your corner.
