How Joye Law Firm Tackles Your USAA Injury Claim

Getting injured in an accident is hard enough. Dealing with the aftermath, especially when the at-fault party is insured by a massive company like USAA, adds a whole new layer of headache you didn’t ask for.

You’re hurt, maybe out of work, and facing bills piling up like junk mail. Meanwhile, USAA, despite its member-focused branding, is still an insurance company. Their primary objective isn’t necessarily your full recovery; it’s protecting their bottom line.

If an accident involving a USAA-insured party injured you, don’t try to handle it alone. Call Joye Law Firm at (888) 324-3100 and let us take on the burden.

Your case isn’t our first encounter with USAA as a liability or Uninsured/Underinsured Motorist Carrier. At Joye Law Firm, our attorneys have successfully recovered significant settlements for clients injured in crashes involving USAA insurance coverage. Here are a few real examples:

Attorney John Aylor secured a combined recovery of $291,000 from USAA for two men who were rear-ended while stopped in a turn lane on Liberty Hall Road in Goose Creek. Attorney Aylor also recovered a combined $300,000 for a couple injured in a head-on collision on Main Street in Summerville. The $300,000 recovery came through obtaining recoveries from State Farm liability and underinsured policies and a USAA policy that provided additional underinsured coverage on top of the State Farm policies.

Attorney Robert Howell recovered $188,000 for a woman struck by a driver under the influence who failed to stop at a stop sign in the Citadel Mall parking lot. He also secured $150,000 for a client who suffered left-side injuries after being sideswiped at an intersection in Charleston.

These results highlight our firm’s experience handling cases against USAA and other insurers, and our commitment to helping clients recover the full compensation they’re entitled to under South Carolina law. While past outcomes reflect our dedication and skill, every case is unique, and results are not guaranteed. The value of your claim will depend on the specific facts, injuries, and insurance coverage involved.

How Will We Handle a USAA Injury Claim?

Step One: Our Initial Consultation

Our first job is to listen to your account of what happened. We want the raw details, the immediate aftermath, and how the injury is impacting your life right now.

During this initial consultation, we’ll cover some key ground:

• The Accident Itself: Who, what, where, when, how. We need the fundamental facts to start building a picture.
• Your Injuries: What hurts? What did doctors say? Have you been following medical advice?
• Insurance Information: Details about your own insurance and, crucially, any information you have about the USAA-insured party. Policy numbers, names, agent contacts – anything helps.
• The Process Overview: We’ll give you a straightforward rundown of how personal injury claims generally work in South Carolina, and specifically how we approach claims involving large insurers like USAA. No sugar-coating, just the reality of the steps involved.
• Attorney-Client Relationship: We explain how confidentiality works and what it means for us to represent you.
• Fee Structure: We work on a contingency fee basis. This means you pay us nothing upfront. Our fee is a percentage of the settlement or verdict we obtain for you and our contract is straightforward with no hidden fees If we don’t win, you don’t owe us attorney fees. Simple as that.
• Immediate Advice: We’ll likely advise you not to speak further with any USAA representatives or adjusters directly. Let us handle the communication from here on out. We may also discuss the South Carolina statute of limitations (found generally in C. Code Ann. § 15-3-530), which typically gives you three years from the date of injury to file a lawsuit (sometimes two), emphasizing why prompt action is beneficial.

We need to determine if you have a valid claim and if we’re the right fit to help you pursue it against USAA.

Engaging the USAA Adjuster

With a solid base of evidence established, the next phase involves your attorney interacting with the USAA claims adjuster assigned to your case. It’s important to remember the adjuster’s role: they represent USAA’s interests, which means settling the claim for the lowest amount possible while adhering to legal and company guidelines. They are trained negotiators, often pleasant and professional, but their goal is not aligned with yours.

This is where having Joye Law Firm handle communications becomes invaluable:

• We Act as Your Shield: Once we notify USAA that we represent you, all communication regarding the claim must go through us. No more calls from adjusters trying to get you to make statements or accept quick, low offers while you’re vulnerable.
• Controlled Information Flow: We provide USAA with the necessary documentation to support your claim (like proof of injuries and medical bills) but we control what is sent and when. We don’t just dump everything on them; we present information strategically.
• No Recorded Statements Without Counsel: USAA adjusters love recorded statements. They might phrase it as a simple formality. Do not agree to this without us. Adjusters are skilled at asking questions designed to elicit responses that could harm your claim later. If a statement is absolutely necessary (which is rare), we will prepare you thoroughly and be present during the recording.
• Understanding USAA Tactics: While every claim is unique, large insurers like USAA have patterns. They might deny fault, question the necessity of certain medical treatments, or delay responses to wear you down. Because we handle numerous claims against major insurers, we recognize these tactics and know how to counter them effectively.
• Addressing Bad Faith Concerns: While most adjusters operate within bounds, South Carolina law prohibits insurers from engaging in unfair claim settlement practices (outlined in C. Code Ann. § 38-59-20). If we believe USAA is acting in bad faith – unreasonable delays, refusing to pay a valid claim without cause, misrepresenting facts or policy provisions – we are prepared to address this directly and, if necessary, pursue separate legal action for bad faith.

Building a Strong Settlement Demand From USAA: Quantifying Your Losses

Simply handing USAA a stack of medical bills isn’t enough. To negotiate effectively, we need to calculate the full value of your claim. This involves quantifying not only the expenses you’ve already incurred but also projecting future costs and accounting for the non-tangible impacts of the injury. USAA won’t volunteer this information; we have to build the case for it.

We meticulously calculate damages, which typically fall into two main categories under South Carolina law:

We also consider factors like potential punitive damages if the at-fault party’s conduct was reckless or willful (like drunk driving) and the pursuit of these damages may include specific evidentiary requirements and potential caps.

The Demand and Negotiation with USAA: Laying Down the Gauntlet

Armed with comprehensive evidence and a thorough calculation of damages, we prepare and send a formal demand package to the USAA adjuster.

The demand package typically includes:

• A summary of the facts of the accident, clearly establishing the USAA insured’s liability.
• A detailed description of your injuries, supported by key medical records.
• A complete breakdown of all calculated economic damages (bills, lost wages, etc.).
• A discussion of your non-economic damages (pain, suffering, impact on life).
• Copies of supporting documents (police report, medical bills, wage statements, photos).
• A specific monetary demand for settlement.

Sending the demand initiates the formal negotiation phase. The USAA adjuster will review the package, likely consult with their superiors, and respond. Their initial response may be an offer significantly lower than our demand. This is expected; it’s the start of the negotiation.

Our attorneys then engage in back-and-forth negotiation with the adjuster. We:

• Analyze USAA’s Offer: We dissect their reasoning for the low offer. Are they disputing liability? Questioning the medical treatment? Undervaluing pain and suffering?
• Provide Counterarguments: We systematically address their points, using the evidence we gathered to refute their arguments and reinforce the value of your claim.
• Leverage Strengths: We highlight the strongest aspects of your case – clear liability, severe injuries, strong witness testimony, etc.
• Maintain Communication: We keep you informed throughout the negotiation process, discussing offers and strategies with you. The decision to accept or reject a settlement offer is always yours.
• Apply Pressure When Needed: If negotiations stall or USAA remains unreasonable, we make it clear that we are fully prepared to file a lawsuit and take the case to court. The credible threat of litigation is often a powerful motivator for insurers to increase their offers.

Escalation to Litigation: When Talking Isn’t Enough

Unfortunately, not all claims can be settled through negotiation. USAA might refuse to accept liability, dispute the severity of your injuries, or simply be unwilling to offer an amount that fairly reflects your losses. If we reach an impasse where USAA’s “best” offer is unacceptable, and you agree, the next step is to file a lawsuit.

This doesn’t mean negotiations stop; in fact, many cases settle after a lawsuit is filed. But it signals to USAA that we are serious and shifts the process into the formal court system governed by the South Carolina Rules of Civil Procedure.

Navigating the Litigation Maze: Discovery, Motions, and Trial Prep

Once a lawsuit is filed, the litigation process unfolds, potentially leading all the way to trial. This phase is often lengthy and complex.

Our approach throughout litigation remains consistent: thorough preparation, aggressive advocacy, and constant communication with you. Even as we prepare for trial, we remain open to fair settlement discussions if USAA’s position changes. We understand that going to trial can be stressful, and we ensure you are fully prepared and supported every step of the way. If trial becomes necessary, we present your case clearly and compellingly to the judge and jury, seeking the justice you deserve.

Don’t Let USAA Write Your Final Chapter

If a USAA-insured driver caused your injuries, take back control of your story. Let the experienced attorneys at Joye Law Firm handle the complexities of your claim, so you can focus on healing. We know the playbook, we know the law, and we’re ready to fight for what’s right.

Call Joye Law Firm today at (888) 324-3100 for a no-obligation consultation.