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The short answer: After a car accident, the insurance company assigns an adjuster to investigate. They review the police report, inspect the damage to your vehicle, request your medical records and bills, and often ask for a recorded statement. Most of this is built to find reasons to pay you less, including shifting fault onto you. In South Carolina, you generally have three years to file.
You’re hurt, your car is wrecked, and now an adjuster is calling and acting friendly. It’s easy to assume they’re on your side. But the insurance company’s job is to protect its bottom line, and the investigation that follows a car accident claim is rarely neutral. Here’s how it really works and how to protect yourself.
In this article, our Summerville car accident lawyers discuss:
– How insurance companies investigate car accident claims
– What the insurance company reviews during the investigation
– Why they want a recorded statement so early
– How social media and surveillance are used against you
– How South Carolina’s comparative negligence rule fits in
– What you should and shouldn’t do
How Do Insurance Companies Investigate Car Accident Claims?
Insurance companies investigate car accident claims by assigning an adjuster to gather evidence, assess fault, and determine the value of your injuries. From the moment you report the crash, that adjuster starts building a file.
Here’s what most individuals miss: the adjuster doesn’t work for you, even when they’re polite and seem eager to help. Their job is to limit what the company pays. Every step of the insurance company’s investigation, from pulling the police report to requesting your medical records, is aimed at finding reasons to reduce or deny your claim.
What Does the Insurance Company Review During Its Investigation?
The insurance company’s investigation centers on three things: the police report, the vehicle damage, and your medical records and bills. Each piece gives the adjuster another angle to question your claim.
The police report and vehicle damage
The adjuster starts with the police report to see how the officer described the crash and whether fault is clear. Then they inspect the vehicle damage, sometimes in person and sometimes from photos. If the damage looks minor, expect them to argue your injuries must be minor too, even when that isn’t how the body works.
Your medical records and bills
The adjuster will request your medical records and bills to confirm treatment, but they’re also hunting for gaps. A delay before your first doctor’s visit, a missed appointment, or an old injury can all become ammunition to argue your pain comes from a pre-existing condition, not the crash.
Why Does the Insurance Company Want a Recorded Statement So Early?
The insurance company wants a recorded statement early because you’re still shaken, you don’t yet know the full extent of your injuries, and you probably don’t have a lawyer. An adjuster may call within a day or two, sounding casual and friendly.
The questions are designed to lock you into a version of events before the facts are clear. A simple “I’m fine” or “I didn’t see them coming” can later be twisted to minimize your injuries or shift blame onto you. Before you give a recorded statement, talk to a lawyer. Your consultation with West Law Firm Personal Injury Lawyers is free.
Can the Insurance Company Use Social Media or Surveillance Against Me?
Yes. Insurance companies routinely monitor claimants’ social media and, in higher-value cases, may hire a private investigator for surveillance. A car accident investigator might photograph you carrying groceries or leaving the gym, then use that footage to argue you aren’t really hurt.
Even an innocent post can backfire. A smiling photo, a restaurant check-in, or a friend tagging you on a hike can all be taken out of context. While your claim is open, keep your accident and your activities offline.
How Does South Carolina’s Comparative Negligence Rule Affect the Investigation?
South Carolina’s comparative negligence rule gives insurers a direct financial incentive to assign some of the blame to you. Under the rule adopted by the state Supreme Court in Nelson v. Concrete Supply Co. (1991), an injured person may recover damages only if their negligence is not greater than the defendant’s, and recovery is reduced in proportion to their own share of fault. If you’re found more than 50% at fault, you recover nothing.
That’s why the investigation works so hard to assign fault to you. Shifting even 10% or 20% onto you directly lowers what the company pays. You also have limited time: under S.C. Code § 15-3-530, the deadline to file a personal injury claim in South Carolina is three years from the date of the accident. If the adjuster is already trying to blame you, call West Law Firm Personal Injury Lawyers at 843-483-8630 for a free consultation.
What Should You Do During an Insurance Investigation?
Receive medical care right away and watch what you say. A few simple steps protect your claim.
– Report the accident, but stick to the basic facts.
– See a doctor promptly and follow your treatment plan.
– Save your medical bills, repair estimates, and the police report.
– Don’t give a recorded statement until you’ve spoken with a lawyer.
– Don’t post about the crash online, and don’t accept the first settlement offer before you know how serious your injuries are.
You don’t have to face the adjuster alone. An attorney can handle the insurance company and push back when it tries to undervalue your claim.
Contact West Law Firm Personal Injury Lawyers in Summerville
If an insurance company is investigating your car accident claim, an experienced attorney levels the playing field. West Law Firm Personal Injury Lawyers is a family-owned firm that has served the Lowcountry since 1945, and our attorneys know the tactics insurers use to pay injured people less.
Contact West Law Firm Personal Injury Lawyers for a free consultation. Call our Summerville office at 843-483-8630 or visit us at 207 W Richardson Ave, Summerville, SC 29483. Serving the Lowcountry since 1945.
Frequently Asked Questions About Insurance Company Investigations
Do I have to give the insurance company a recorded statement?
No. You don’t have to give a recorded statement to the other driver’s insurer, and it’s usually smart to talk to a lawyer first. What you say can be used to reduce or deny your claim.
How long does an insurance company investigation take?
It depends on the claim. A simple one may take a few weeks, while a serious or disputed case can take months. Either way, don’t let a slow investigation pressure you past South Carolina’s three-year deadline.
Can I still recover if the adjuster says I was partly at fault?
Often, yes. In South Carolina, you can recover as long as your fault is not greater than the other driver’s, though your compensation drops by your share of fault. This is exactly why fighting the insurer’s arguments about fault matters.
How much does it cost to hire a car accident lawyer?
Your consultation is free. Our team works on a contingency-fee basis, so you pay no attorney fees unless we recover compensation for you.