UM/UIM (UNINSURED/UNDERINSURED MOTORIST) DEMAND LETTER

State of South Carolina

[LAW FIRM LETTERHEAD]

PRIVILEGED AND CONFIDENTIAL
SETTLEMENT COMMUNICATION - FOR RESOLUTION PURPOSES ONLY
PROTECTED UNDER SC RULES OF EVIDENCE AND F.R.E. 408

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [ADJUSTER_EMAIL]

Date: [DATE]

[INSURANCE_COMPANY_NAME]
[UM_UIM_CLAIMS_DEPARTMENT_ADDRESS]
[CITY], [STATE] [ZIP]

Attention: [ADJUSTER_NAME], [ADJUSTER_TITLE]
Re: UM/UIM POLICY LIMITS DEMAND - SOUTH CAROLINA LAW
Insured/Claimant: [INSURED_CLAIMANT_NAME]
Policy Number: [POLICY_NUMBER]
Claim Number: [CLAIM_NUMBER]
Date of Loss: [DATE_OF_LOSS]
UM/UIM Policy Limits: [UM_UIM_LIMITS]
Tortfeasor: [TORTFEASOR_NAME]
Tortfeasor's Carrier: [TORTFEASOR_CARRIER]
Tortfeasor's Limits: [TORTFEASOR_LIMITS]
Response Deadline: [RESPONSE_DEADLINE]

Dear [ADJUSTER_NAME]:

I. INTRODUCTION AND NATURE OF DEMAND

This firm represents [CLIENT_NAME] ("our client") in connection with a claim for [UNINSURED/UNDERINSURED] motorist benefits under South Carolina law arising from a motor vehicle collision on [DATE_OF_LOSS]. This letter constitutes a formal demand for payment of the full UM/UIM policy limits of [UM_UIM_LIMITS].

Our client's damages far exceed the available coverage. Under South Carolina law, UM/UIM coverage exists precisely for situations like this - to protect your insured when the negligent party lacks sufficient coverage.

II. SOUTH CAROLINA UM/UIM LAW

A. Stacking Rules in South Carolina

Stacking permitted. S.C. Code Ann. 38-77-160

B. Coverage Analysis Under South Carolina Law

C. Coverage Trigger

For Uninsured Motorist (UM) Claims:

The tortfeasor qualifies as an "uninsured motorist" under South Carolina law because:

• The tortfeasor had no liability insurance at the time of the collision
• The tortfeasor's insurer has denied coverage
• The tortfeasor's insurer is insolvent
• The tortfeasor was a hit-and-run driver who cannot be identified
• The tortfeasor's insurance limits are less than state minimum requirements

For Underinsured Motorist (UIM) Claims:

The tortfeasor qualifies as an "underinsured motorist" under South Carolina law because:

• The tortfeasor's liability limits of [TORTFEASOR_LIMITS] are insufficient to compensate our client
• Our client has exhausted/will exhaust the tortfeasor's policy limits
• Our client's damages exceed the available coverage

III. THE COLLISION AND LIABILITY

A. Facts of the Collision

On [DATE_OF_LOSS], at approximately [TIME], our client was [DESCRIBE_CLIENT_ACTIVITY] at or near [LOCATION_OF_COLLISION] in South Carolina.

[DETAILED_DESCRIPTION_OF_COLLISION]

B. Tortfeasor's Negligence

The tortfeasor, [TORTFEASOR_NAME], was negligent under South Carolina law in the following respects:

• Failure to maintain proper lookout
• Failure to yield right-of-way
• Following too closely
• Excessive speed for conditions
• Distracted driving
• Running red light/stop sign
• Improper lane change
• Driving under the influence
• [OTHER_NEGLIGENCE]

C. Evidence of Liability

The following evidence establishes liability:

1. Police Report
[POLICE_DEPARTMENT] Traffic Crash Report (Report No. [REPORT_NUMBER])

2. Witness Statements
[NUMBER] independent witnesses observed the collision

3. Physical Evidence
Point of impact, vehicle damage patterns, and debris field analysis

4. Expert Analysis (if applicable)
[ACCIDENT_RECONSTRUCTIONIST_NAME] has concluded [SUMMARY_OF_OPINION]

D. Our Client's Freedom from Comparative Fault

Under South Carolina law, our client bears no comparative fault for this collision.

IV. OUR CLIENT'S INJURIES AND TREATMENT

A. Injury Summary

As a direct and proximate result of this collision, our client sustained:

Primary Injuries:
- [PRIMARY_INJURY_1]
- [PRIMARY_INJURY_2]
- [PRIMARY_INJURY_3]

B. Treatment Timeline

C. Current Condition and Prognosis

[DESCRIBE_CURRENT_CONDITION_AND_PROGNOSIS]

D. Permanent Impairment

V. DAMAGES

A. Medical Expenses

Past Medical Expenses:

Future Medical Expenses (Present Value):

B. Lost Income

Past Lost Income:

$[TOTAL_PAST_LOST_INCOME]

Future Lost Earning Capacity:

$[FUTURE_LOST_EARNING_CAPACITY] (Present Value)

C. Pain and Suffering / Non-Economic Damages

[DESCRIBE_PAIN_AND_SUFFERING]

D. Damages Summary

VI. SETTLEMENT WITH TORTFEASOR'S INSURER

A. Settlement Status

We [HAVE REACHED/ARE PURSUING] a settlement with the tortfeasor's liability carrier, [TORTFEASOR_CARRIER], for the tortfeasor's policy limits of $[TORTFEASOR_LIMITS].

B. Consent to Settle / Preservation of Subrogation Rights

IMPORTANT: Pursuant to South Carolina law and policy terms, we hereby request consent to settle with the tortfeasor's carrier.

Please provide written consent within [NUMBER] days.

VII. DEMAND FOR UM/UIM BENEFITS

A. Calculation of UIM Benefits Due

B. Policy Limits Demand

We hereby demand payment of the full UM/UIM policy limits of $[UM_UIM_LIMITS].

Our client's damages of $[TOTAL_DAMAGES] vastly exceed the combined coverage available. This is a clear policy limits case under South Carolina law.

VIII. BAD FAITH WARNING

[CARRIER_SHORT_NAME] owes our client, its own insured, the duties of good faith and fair dealing recognized under South Carolina law.

South Carolina Bad Faith Standard:

South Carolina recognizes common law bad faith for first-party claims. Must show: (1) existence of mutually binding contract; (2) refusal to pay benefits; (3) resulting from bad faith or unreasonable action. Tadlock Painting Co. v. Md. Cas. Co., 473 S.E.2d 52 (S.C. 1996). Proof must be convincing.

Available Remedies for Bad Faith:

Compensatory damages, consequential damages, emotional distress, and punitive damages

Any attempt to deny, delay, or lowball this claim will be met with a bad faith action.

IX. ARBITRATION CONSIDERATIONS

A. Policy Arbitration Clause

The policy [CONTAINS/DOES_NOT_CONTAIN] an arbitration clause for UM/UIM disputes under South Carolina law.

[IF APPLICABLE: Quote arbitration clause and state procedural requirements]

B. Arbitration Demand (If Applicable)

If [CARRIER_SHORT_NAME] fails to accept this demand, consider this letter as notice of our intent to invoke arbitration under South Carolina law.

X. RESPONSE DEADLINE

This demand expires at 5:00 p.m. [TIME_ZONE] on [RESPONSE_DEADLINE].

Consequences of Non-Response

If [CARRIER_SHORT_NAME] fails to accept this demand:

1. We will invoke arbitration (if required) or file suit in South Carolina
2. We will pursue bad faith damages under South Carolina law
3. We will file a complaint with South Carolina Department of Insurance, 1201 Main Street, Suite 1000, Columbia, SC 29201

XI. CONCLUSION

This claim presents clear liability, severe injuries, and damages far exceeding coverage. [CARRIER_SHORT_NAME] has an opportunity to resolve this matter fairly by paying the policy limits to its own insured under South Carolina law.

Respectfully submitted,

[LAW_FIRM_NAME]

By: _______________________________
[ATTORNEY_NAME]
[BAR_NUMBER]
[ADDRESS]
[CITY], SC [ZIP]
[PHONE]
[EMAIL]

Counsel for [CLIENT_NAME]

ENCLOSURES:
- Policy declarations page
- UM/UIM coverage provisions
- Police report
- Medical records and bills
- Photographs
- Expert reports (if applicable)

CC:
- [CLIENT_NAME]
- [TORTFEASOR_CARRIER] (re: consent to settle)

SOUTH CAROLINA UM/UIM LAW QUICK REFERENCE