If insurance companies didn’t frustrate people over their property damage from a motor vehicle collision (that wasn’t their fault to being with), what good would they be doing the legal profession? I would estimate that sixty (60%) percent of clients we see are infuriated by the way the at fault driver’s insurance company has treated them on the evaluation and reimbursement of their mangled vehicle.

Consumers, you have options! Stop believing everything the insurance adjuster tells you to be the gospel truth. Start using the vast information at your finger tips and motivating these insurance companies to treat you fairly. Attorneys in South Carolina can not take contingency fees on property damage recovery amounts and insurance companies use this to their advantage by trying to strong arm you.

If you receive property damage from a motor vehicle collision in the State of South Carolina then you should be able to recover several things:

  1. the fair market value of your vehicle if it is a total loss;
  2. the repair of your vehicle to its pre-collision state (if not a total loss);
  3. a rental car or 
  4. loss of use= $25.00 a day for every day you were unable to use your vehicle or not provided a rental;
  5. depreciation for your vehicle now being worth less than it was before the collision as a result of having after market parts and being labeled as having been in a collision.

Of course they won’t. Insurance companies don’t make money giving it away. They make money paying you less than your claim is worth and thus maximizing their reserves and net income. What? They know they can tell you things that aren’t true because you really won’t do anything about it anyway. Or will you? Now that you understand what the law in South Carolina says and that they are obviously breaking the laws after all you have had to go through. Will you do something now?

YOU HAVE TWO CHOICES:

  1. Take the value they are trying to force feed you after some negotiation with knowing what you need to ask for and be done with it;
  2. File a Property Arbitration claim with the Clerk of Court in the county the collision happened or defendant lives. It routinely only costs five ($5.00) dollars. That’s it.

How do I do that?  Great question. Plus, insurance companies hate having to come explain themselves for trying to low ball you in front of the arbitration panel, which consists of three (3) lawyers in the county you filed. Most times you can get more negotiating done after you forward a copy of the arbitration to the adjuster you were working with.

I have posted the an excerpt below and highlighted important points for those too lazy to read the whole thing.

START FIGHTING BACK AND STOP TAKING IT ON THE CHIN FROM THOSE GREEDY INSURANCE COMPANIES 

 

 

SOUTH CAROLINA CODE OF LAWS

ARTICLE 7.

 

ARBITRATION OF PROPERTY DAMAGE LIABILITY CLAIMS

SECTION 38-77-710. Appointment of attorneys as arbitrators to hear and determine property damage liability claims; process and procedure.

The court of common pleas, or any inferior courts having concurrent jurisdiction, in and for each county, shall by order of reference appoint an attorney or attorneys to hear and determine, by arbitration, property damage liability claims arising out of motor vehicle collisions or accidents and to award actual and punitive damages. This order must be consistent with the provisions of this chapter and may not be inconsistent with the Rules of the Supreme Court of South Carolina. Process and procedure must be as summary and simple as may be reasonable and may provide for the taking of evidence in the form of reports, statements, or itemized bills or in any other manner without the procedural and evidentiary limitations which pertain in jury trials. The court may provide for the taking of depositions of a witness within or without the State.

HISTORY: Former 1976 Code Section 56-11-510 [1962 Code Section 47-750.135; 1974 (58) 2718] recodified as Section 38-77-710 by 1987 Act No. 155, Section 1.

SECTION 38-77-720. Number, qualifications, and compensation of arbitrators; fee paid by claimant.

(a) The order of reference shall establish a panel of arbitrators each of whom must be a member of the bar and the members must be selected for service in particular cases on some fair rotation basis. Three arbitrators shall hear and determine each case and the decision of two of the three arbitrators shall determine the issue. However, the parties to the dispute may, by agreement, provide for determination of the disputed claim by one arbitrator.

(b) Each arbitrator assigned to determine the claim may be compensated, not to exceed thirty-five dollars for his services and time, payable out of the funds of the court and which may not be taxable as costs to either party.

(c) The claimant who is the moving party in seeking arbitration shall pay to the clerk of court a fee of ten dollars. Five dollars must be retained by the clerk as the cost of filing the claim and final judgment and five dollars must be used to pay the cost of service on the other party or parties.

HISTORY: Former 1976 Code Section 56-11-520 [1962 Code Section 46-750.136; 1974 (58) 2718] recodified as Section 38-77-720 by 1987 Act No. 155, Section 1.

SECTION 38-77-730. Request for arbitration; no formal pleading and process; arbitration docket; filing of claim; service of summons to defendant.

(a) Any person who is a party to the disputed property damage liability claim may submit his claim for determination through arbitration. No formal pleading or process is required. The clerk of court of each county shall prepare and keep an arbitration docket and set the cases thereon for arbitration as provided by law for the settling of cases in the court of common pleas.

(b) The claim must be filed with the clerk of court in the county in which the cause of action arose or where the plaintiff or defendant resides. The claim must be filed in triplicate with the clerk of court on forms to be provided by him. The forms shall set forth the names of the parties, the date and place of the accident, and the amount of property damage claimed. The clerk shall file one copy in his office, and one copy must be served upon the defendant as provided by law for service of summons and complaints. The sheriff, or such other person, shall promptly serve the claim upon the defendant and shall receive the sum of five dollars to defray the cost of securing this service. The sheriff, or such other person, serving the process shall promptly file an affidavit of personal service with the clerk of court on forms to be provided by the clerk.

(c) There must be attached to, or made part of, the form a summons to the defendant named notifying him that he should file a response with the clerk of court within thirty days from the date of service and that failure to file a response within thirty days entitles the plaintiff to a default judgment. The form must be signed by the party filing it or his attorney, if any, and shall by order of reference show the address of the person signing it.

HISTORY: Former 1976 Code Section 56-11-530 [1962 Code Section 46-750.137; 1974 (58) 2718] recodified as Section 38-77-730 by 1987 Act No. 155, Section 1.

SECTION 38-77-740. Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following:

(1) Two estimates of damage to the motor vehicle or its contents signed by the estimator.

(2) Signed receipts for car repairs.

(3) Bills or receipts for other property damages claimed.

The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing.

(b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident.

(c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.

HISTORY: Former 1976 Code Section 56-11-540 [1962 Code Section 46-750.138; 1974 (58) 2718] recodified as Section 38-77-740 by 1987 Act No. 155, Section 1.

 

 

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Photo of Trey Mills Trey Mills

Floyd S. “Trey” Mills III knows that suffering a personal injury through no fault of your own can be a nightmare for the victim and his or her family

Mr. Mills was born on April 24, 1978.  His parents, Floyd S. “Butch” Mills,

Floyd S. “Trey” Mills III knows that suffering a personal injury through no fault of your own can be a nightmare for the victim and his or her family

Mr. Mills was born on April 24, 1978.  His parents, Floyd S. “Butch” Mills, Jr. and Patricia Yarborough Mills, were originally from Newberry, South Carolina, and soon after the birth of Mr. Mills, his parents brought him back to be raised in the same county they grew up in.

Education

Mr. Mills attended Newberry Academy from grades K-3, Gallman Elementary 4th grade, Rikard Elementary 5-6th grade, Mid-Carolina Middle School 7-8th grades, Mid-Carolina High School from 9-12th grades, Clemson University, and Walter F. George School of Law at Mercer University.

Health Crisis

While Mr. Mills was a junior in high school he was chosen by his school to be a representative to Boys State.  This was a great honor and would have been an even better experience except, while at Boys State, Mr. Mills became unusually ill with blackouts, night sweats, and back pain.  Fortunately for Mr. Mills, his mother was an ER nurse at Lexington Medical Center, but unfortunately, for Mr. Mills that did not change his diagnosis of Acute Lymphocytic Leukemia.  Along with his diagnosis, Mr. Mills received a prognosis of two weeks.

Obviously, Mr. Mills has been blessed with his second chance at life and those who have been wronged by health care insurance companies and other types of insurance companies can feel confident in knowing that Mr. Mills can not only empathize with them but fight fervently for their side.  Mr. Mills’ cancer experience and his mother’s arduous yet unsuccessful battle against lung cancer were very trying times.  However, those real-world battles and experiences were nothing compared to the administrative and billing wars he had to encounter with Blue Cross Blue Shield Health Insurance. It seems BCBS would deny any charge over $1,000 without rational reasoning therefore prompting Mr. Mills to go to law school and carry the torch for those that were too ill to fight for themselves while the school yard bully beat them down.

College

Mr. Mills went on to Clemson University where he was very active in student activities along with academic accomplishments.  Mr. Mills was invited to join Calhoun Honor’s College, Sigma Pi fraternity, Golden Key National Honor Society, Student Government, IPTAY Student Advisory Board, and Tiger Brotherhood. Mr. Mills also worked as a student employee with IPTAY Scholarship Fund under the direction of Bert Henderson, formerly the Associate Athletic Director of Planned Giving at Clemson University.

Early Life

Mr. Mills was unsure of where his hard work and life experiences would best provide an adequate return to the outpouring of kindness he received during his cancer experience. Having received many blessings from the American Red Cross, Mr. Mills went on to be an Apheresis Donor Recruiter under the supervision of Barry Pollard at the American Red Cross Blood Donor Services in Columbia, SC after graduating Clemson University.

Running from his true calling, Mr. Mills fled to Guadalajara, Jalisco, Mexico to Teach English as a Foreign Language (TEFL).  Having spent a semester of college in Madrid, Spain, Mr. Mills thought he should be assisting foreign countries. Mr. Mills was certified by the Vancouver Language Centre in Guadalajara for his TEFL training.  Mr. Mills was in Guadalajara only a few months when September 11, 2001 occurred and helped him focus on his life priorities.

Law School

Mr. Mills went on to law school at Mercer University and clerked each summer trying to determine how he could best serve those less fortunate.  The corporate law firms never truly provided him with that personal feeling of assisting the common person in need.  It wasn’t until Mr. Mills became the first law clerk of the South Carolina Trial Lawyers Association under the supervision of Linda Franklin and lobbyist Michael Gunn that he realized where his education, life experience, drive, and hard work could truly benefit those who have been personally and directly affected by the negligence of another.  Mr. Mills wanted to be a coveted and much needed plaintiff’s trial attorney.  More importantly Mr. Mills realized the power of the faceless insurance companies, misinformed legislative members, and the true power of money and lobbyist in dictating laws.

What’s the one service you pay for all your life but you are actually penalized if you ever have to use it? Insurance.

Trammell & Mills

Mr. Ernie Trammell gave Mr. Mills his big break at leveling the playing field against the faceless and heartless insurance companies.  Mr. Mills works tirelessly every day in an effort to bring justice to those who have been wronged.  Mr. Mills has worked on both sides of the law and has been through some harrowing life experiences.  Mr. Mills has been tested and tried by many of the more traumatic events that life has to offer and now provides his services to the public.

Who would you rather have on your side? Someone whose resolve has been tested and tried? Or someone who has intertwined their morality and greed in such a way that they can’t tell one from the other?

Why haven’t you hired Mr. Mills to be your attorney yet?

Would you listen to the devil on how to get to Heaven? Then why listen to insurance adjusters?