Proof of Loss in a South Carolina Property Claim
A proof of loss is a sworn statement of what you lost and what you claim. It can affect your claim and your deadlines, so it is worth getting right.
Review Your Case Today | Call 843-284-5790
What it is
A proof of loss is a signed, often sworn, statement of the date and cause of the loss, the property damaged, and the amount you claim. Many policies require one if the insurer asks for it.
The insurer must provide the form
Under S.C. Code § 38-59-10, if your insurer requires a written proof of loss, it must furnish the form. If it 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.
What to include
- Date, time and cause of the loss.
- Your interest in the property and any mortgage holder.
- Other insurance on the property, such as a flood or wind pool policy.
- The amount claimed, supported by contractor estimates, invoices and contents lists.
- Photos and any expert reports.
Common mistakes
- Signing the insurer’s pre-filled proof of loss for the insurer’s own number when you disagree with it. Write that the amount is disputed and that you reserve the right to claim more.
- Missing the policy’s deadline to return it.
- Leaving out damage found later. You can usually supplement the claim; say so in writing.
Flood claims are different
A flood claim under a federal flood policy has its own proof of loss deadline, set by the federal policy and usually shorter than a homeowners policy’s. Read your flood policy’s proof of loss section as soon as possible after a flood.
See also claim deadlines in South Carolina and underpaid claims.
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.