CLAIM DEADLINES IN SOUTH CAROLINA

Notice of the loss

Most property policies require “prompt” notice of a loss. Report damage to your insurer as soon as you can, in writing, and keep a copy. Photograph the damage before repairs, and keep receipts for emergency repairs that prevent more damage.

Proof of loss: 20 days for the insurer to send the form

If your insurer requires a written proof of loss, it must give you the form. Under S.C. Code § 38-59-10, if the insurer does not furnish the form within 20 days after it receives notice of the claim, you are treated as having complied once you submit written proof of the loss within the time your policy allows.

90 days after a demand: attorney fees

Under S.C. Code § 38-59-40, if an insurer refuses to pay a covered claim within 90 days after a demand is made, and the trial judge finds the refusal was without reasonable cause or in bad faith, the court may award attorney fees. The fee award may not exceed one-third of the judgment. See insurance bad faith in South Carolina.

3 years to file suit on the policy

S.C. Code § 15-3-530(8) sets a 3-year limit for an action on a fire or other insurance policy, “any clause, condition, or limitation contained in the policy to the contrary notwithstanding.” Under § 15-3-140, a policy clause that sets a shorter time to sue does not bar the action. When the 3 years begins can depend on the facts of the claim, so speak with a lawyer well before then.

5 business days to cancel a public adjuster contract

Under S.C. Code § 38-48-110, you may cancel a public adjuster contract until the close of business on the fifth business day after signing. The contract must state in bold that hiring a public adjuster is not necessary (§ 38-48-80(e)).

Recent storm dates

• Tropical Storm Debby: landfall near Bulls Bay on August 8, 2024 (FEMA DR-4835).
• Hurricane Helene: September 2024 (FEMA DR-4829, declared September 29, 2024).
• Hurricane Ian: landfall near Georgetown on September 30, 2022 (FEMA DR-4677).

If your damage came from one of these storms and the claim is still open or underpaid, check the deadlines above now.

Deadline checklist

• Day of the loss: stop further damage, photograph everything, keep receipts.
• As soon as possible: give written notice to the insurer and keep a copy. Ask whether it requires a proof of loss.
• 20 days after notice: if the insurer requires a proof of loss and has not sent the form, you are treated as compliant once you submit written proof within the policy’s time limit (§ 38-59-10).
• Within the policy’s time limit: submit the proof of loss and requested documents. Keep proof of delivery.
• 90 days after a demand: the attorney-fee rule in § 38-59-40 can apply if the refusal to pay was without reasonable cause or in bad faith.
• Before 3 years: file suit on the policy if the claim is not resolved (§ 15-3-530(8)).

What a demand should include

• The policy and claim numbers and the date of loss.
• The amount demanded and how it was calculated, with contractor estimates attached.
• Photos, invoices and any expert reports.
• A clear request for payment, sent in a way you can prove it was received.

Flood claims follow federal rules

A flood claim under a National Flood Insurance Program policy follows the federal Standard Flood Insurance Policy, which has its own proof-of-loss and lawsuit deadlines that are shorter than South Carolina’s. Read your flood policy, or ask us, as soon as possible after a flood loss.

Named storm deductibles

If your policy has a hurricane or named storm deductible, it applies only to storms named or identified by the National Weather Service or the National Hurricane Center (S.C. Code Regs. 69-56). It is often a percentage of your dwelling coverage. For example, a 2% deductible on $300,000 of dwelling coverage is $6,000.

Questions about a claim? Call 843-284-5790 or request a case review.

This page is general information about South Carolina law, not legal advice. Reading it does not create an attorney-client relationship. Every claim depends on its own policy and facts.