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South Carolina total loss rules for BMW owners

South Carolina has no rule of its own on valuing a total loss from comparable vehicles; its general claims law applies, and the national model rule shows the method most states use. Here is what that means, and what to do if the offer on your BMW looks low.

What the rules say

• Comparable vehicles. No South Carolina statute or regulation was found that prescribes how a total loss is to be valued from comparable vehicles. South Carolina Code § 38-59-20(4) lists as an improper claim practice "Not attempting in good faith to effect prompt, fair, and equitable settlement of claims, including third-party liability claims, submitted to it in which liability has become reasonably clear". The NAIC Unfair Property/Casualty Claims Settlement Practices Model Regulation, Section 8, which most states adopted in substance, describes a comparable automobile as one “by the same manufacturer, same or newer year, similar body style, similar options and mileage as the insured vehicle and in as good or better overall condition”; it is cited here as the model, not as South Carolina law. The model regulation values the loss at “the cost of two or more comparable automobiles in the local market area when comparable automobiles are available or were available within the last ninety (90) days to consumers in the local market area”, and otherwise “the cost of two (2) or more comparable automobiles in areas proximate to the local market area, including the closest major metropolitan areas within or without the state”.
• Adjustments. Under the model regulation, “any deductions from the cost, including deduction for salvage, must be measurable, discernible, itemized and specified as to dollar amount and shall be appropriate in amount. The basis for the settlement shall be fully explained to the first party claimant”. A settlement that deviates from the comparable-vehicle methods on account of the vehicle's condition must be supported: under the model regulation “the deviation must be supported by documentation giving particulars of the automobile condition”, with every deduction itemized in dollars.
• Dealer quotations. Where comparables are not available, the model regulation permits “one of two or more quotations obtained by the insurer from two or more licensed dealers located within the local market area when the cost of comparable automobiles are not available”. Our Total Loss Market Valuation Report is a written quotation of market value from a licensed California dealer.
• How to request the insurer's valuation report. Ask the adjuster in writing for the complete valuation report on which the offer rests, including each comparable, its source, price, mileage and every itemized adjustment, and keep a copy of the request and the response.
• If you cannot buy a comparable. The model regulation gives a right of recourse: “if the insurer is notified within thirty-five (35) days of the receipt of the claim draft that the insured cannot purchase a comparable vehicle for the market value, the company shall reopen its claim file”, and either locate a comparable vehicle, pay the difference, or settle under the policy's appraisal provision. Check whether South Carolina provides the same period.
• The appraisal clause. Under the policy's appraisal provision, you and the insurer each appoint a competent, impartial appraiser; the appraisers then agree a value or submit their differences to an umpire. Our report can be given to the appraiser you appoint as evidence of what cars like yours sell for.
• Where to complain. The South Carolina Department of Insurance takes complaints about claim handling (803-737-6180): https://www.doi.sc.gov/consumers

Connecticut, Delaware, Massachusetts, New York, Pennsylvania, South Carolina, Vermont and Nevada license motor vehicle appraisers, and South Carolina is one of them. Our report is a dealer's written market valuation, not an appraisal, and its preparer is not licensed as an appraiser in South Carolina. If the appraisal provision of the policy is invoked, appoint an appraiser licensed in South Carolina and give that appraiser our report as evidence of the market for the car.

If the offer on your BMW looks low

1. Ask for the insurer's valuation in writing. It lists the comparable cars the offer rests on and every adjustment made to them.
2. Check the comparables. They should be the same generation, body, gearbox and trim as your car, at similar mileage. Enthusiast and classic BMWs are where the software most often reaches for the wrong cars.
3. See what cars like yours actually sold for. The valuation tool shows recorded Bring a Trailer and Cars & Bids sales for your model, year and mileage. Free.
4. Put the evidence in front of the adjuster. The Total Loss Market Valuation Report ($199) lays out comparable sales, adjustments in dollars and your state's rule, with a letter to your adjuster on the first page. The preview is free.

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Total loss rules in other states

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