I have blogged about the benefits of citizens filing for property arbitration hearings in their respective county when they are unhappy, insulted, and/or confused with the offers they receive from the at fault driver’s insurance company following a motor vehicle collision. Clicking on the link below from a prior article I wrote, will set forth the actual law on property arbitrations and highlight the items you should bring to win your case. More importantly, this process may take more time but it only costs $10 (ten dollars). Seriously, you could get hundreds or thousands more on your property for a $10 investment and your time. 

Why do I advocate property arbitration?

  1. I feel insurance companies habitually take advantage of people injured through no fault of their own and start kicking them while they are down immediately with low ball or inaccurate information about property reimbursement. 
  2. Insurance companies can lie and mislead you on the law because they aren’t lawyers, they are only protecting their money. Not your money.
  3. It is such a simple, affordable, and successful process for the property owner to get more money than they are being offered by the insurance company AND cost the insurance company additional money for being greedy. 

Below I have detailed a real life example and scenario that happened in Anderson County on January 16, 2014 in an arbitration hearing for one of my clients.

BACKGROUND

My client was the owner of a 1971 Pontiac Bonneville that had been passed down from his family to him and kept in pristine shape. He loved that car and had strong emotional and sentimental attachments to it. On occassion he would allow his son to drive the car and on one such day his son was driving in Oconee County when suddenly and without warning he was violently rear ended while driving in his lane of travel by a young girl in a Dodge Ram pick up truck. The damage was extensive to the classic vehicle. However, my client wanted it repaired or paid the classic value he associated with it. Liability was not in dispute, the at fault driver was responsible for the collision for speeding. 

Unfortunately, the at fault driver was insured by Safeco Insurance Company and they took a draconian approach to resolving my client’s property damage. They offered to pay my client $3,500.00 for the vehicle because their own estimate for repairs was $5,700.00 and they felt that my client’s vehicle was worth the lowest end of the NADA estimate. You have to realize insurance companies don’t make money paying it to claims from their insureds causing harms and losses. Insurance companies make money low balling, minimizing, and starving out clients to force them to settle. 

My client refused Safeco’s low ball offer and followed my advice by filing a property arbitration in the county the at fault driver lived, which was Anderson County. Since I was assisting his son on the personal injury claim from the motor vehicle collision, I thought I would run by the courthouse and make sure he presented the best case in front of the panel and the defense attorney hired by Safeco.

In any property arbitration hearing the plaintiff, or person bringing the claim, will present their side of the case first. The plaintiff should bring two or more property estimates signed and notarized by the company providing the estimate, pictures of the damage or vehicle, a copy of the accident report, and be prepared to answer any questions the panel my have. Next, the defense attorney will present their case and explain to the panel why they think the property damage is only x amount of dollars. 

Yesterday, we presented the evidence and although Safeco had only offered $3,500.00 19 months earlier, at the hearing they agreed the claim was worth at least $5,000.00. My clients had originally filed on their own and only asked for $7,500.00 but since I came I went ahead and provided a more recent property estimate for over $10,000.00 and asked for that amount from the panel. The whole process took around 30 minutes from start to finish. The panel eventually awarded my client $8,255.00, which turned out to be the difference between Safeco’s original estimate of $5,700.00 and my more recent estimate for over $10,000.00. A fair verdict no doubt and more than double what Safeco had ever offered my clients. 

Go forward people and fight this battle! Stop being railroaded into accepting less than the value of your vehicles. Stand up and fight for yourselves. The insurance companies will continue to take money from your hands as long as you allow it. 

 

PRIOR ARTICLE DETAILING PROCESS AND LAW:

South Carolina Property Arbitration: Your Weapon Against Insurance Adjusters

 

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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?