If you have a South Carolina personal injury case, like from an auto accident, or a truck wreck, or some kind of catastrophic injury, you may have heard about your attorney talking about a “Tyger River” demand. You may be wondering what a Tyger River demand is and why it is so important for your case.
First, let’s talk about what a demand is. A demand is defined by Ballentine’s Law Dictionary, 3rd Edition as:
“A claim; a legal obligation; a request to perform an alleged obligation; a written statement of a claim, Brennan v Swasey, 16 Cal 141; a requisition or request under a claim of right, Brackenridge v Texas, 27 Tex App 513, 11 SW 630 the assertion of a right to recover a sum of money from the person upon whom the demand is made.”
Essentially, a demand is a statement to an at-fault party and their insurance company of what you believe you are owed and what you are willing to accept to resolve your case.
Sometimes you may ask for a little bit of money. Sometimes, you may ask for a lot of money. Sometimes the insurance company may be willing to pay quickly. Other times, they may not be willing to pay quickly. But sometimes, you can speed up the process by making a demand pursuant to “Tyger River Pine Co. v. Md. Cas. Co..” 170 S.C. 286, 170 S.E. 346 (1933).
Tyger River established an important principle in South Carolina. Tyger River established the principle that an insurance company could be held liable under a bad faith claim against it by an insured if it failed to settle a claim against the insured party. Today, we understand this to mean that if the value of a claim is equal to or above the policy limits of a claim, and an injured party is willing to settle their claim for the policy limits of an insurance policy, and the insurance company refuses to settle, then ultimately they can be held liable for the judgment against the insured, regardless of the policy limits. So, when your lawyer makes a demand pursuant to Tyger River, your lawyer is essentially telling the at-fault party and their insurance company that if the at-fault insurance company won’t pay policy limits, then the insurance company may end up being on the hook for far more than the original value of the policy.
Not every case will necessarily lead to your lawyer issuing a Tyger River demand. In some cases, the injuries aren’t enough to justify reaching the policy limits of a policy. In other cases, the at-fault party may have significant enough assets that you aren’t willing to settle for just an insurance policy. But in some cases, a Tyger River demand really drives home to the at-fault driver and their insurance company the importance of settling a case.
Oftentimes, Tyger River demands are especially important in wrongful death cases. These can be from catastrophic trucking accidents or high speed automotive crashes or wrecks involving drunk drivers. Tyger River demands in these kinds of cases can help the families obtain civil justice and assist them as they deal with the grief and loss from losing a loved one.
If you have a catastrophic wreck in South Carolina, find a South Carolina personal injury lawyer who can assist you with your personal injury claim. Find a lawyer who knows when to file a Tyger River demand so that insurance companies know they need to be serious about settling your serious case. Find a lawyer you trust who can help you. Saluda Law is ready to talk to you about your case. Call today.
