Brad Hewett

On August 21, 2017, a total solar eclipse will be visible along a thin, roughly 70 mile-wide path that runs diagonally across the United States from Oregon to South Carolina. Parts of the continental United States will darken through a total eclipse of the sun. If the weather and skies are clear, then you will see the moon pass between the sun and the earth, and the sky go dark in the middle of the afternoon. It’s been said this is a once-in-a-lifetime opportunity.

Columbia is positioned in the best location on the East Coast for an event that has not been seen in the continental United States since 1979, when a total solar eclipse was visible from five Northwestern states. A transcontinental solar eclipse, a total eclipse of the sun that passes from coast to coast, has not occurred in the United States since 1918.

At 2:41 p.m. on August 21st, the Columbia area will experience the longest period of 100% total eclipse for a metropolitan area on the entire East Coast of the United States, ranging from 2 minutes and 30 seconds to 2 minutes and 36 seconds of total darkness.

It is anticipated that more than 1 million people will visit the Columbia area to view the eclipse. If you thought that it was frantic in Columbia during a USC home football game, the eclipse is likely to create next level type of craziness in this area. Staff members at the Mike Kelly Law Group plan to take in the event in the grassy area of our parking lot. You are welcome to join us at 500 Taylor Street to take in the show, or there are other festivities that are showcasing the eclipse: http://totaleclipsecolumbiasc.com/event/. Below is a list of events and viewing spots taking place in the Columbia area on August 21st:

Finlay Park: 930 Laurel Street, Columbia, SC 29201
Siesta Cove Marina: Gilbert, SC, siestacovemarina.com
Congaree National Park: 100 National Park Rd., Hopkins, SC 29061, www.nps.gov/cong
Sheraton Hotel Rooftop Bar: 1400 Main St., Columbia, SC 29201
Random Tap: 10509 Two Notch Rd., Elgin, SC 29045, FB.com/randomtap
Riverfront Park: 312 Laurel St., Columbia, SC, www.columbiasc.net/parks-recreation
Owens Field: 1351 Jim Hamilton Blvd., Columbia, SC 29205
Lexington County Baseball Stadium: 474 Ballpark Road, Lexington, SC, www.blowfishbaseball.com
South Carolina State Fair: Rosewood Drive and George Rogers Boulevard, Columbia, SC 29201, scstatefair.org
Riverbanks Zoo and Garden: 500 Wildlife Parkway, Columbia, SC 29210, www.riverbanks.org
Soda City Eclipse Viewing Festival: Historic Columbia Speedway, 2001 Charleston Hwy., Cayce, SC 29033
Solar 17 at Lake Murray: Lake Murray Dam, Columbia, SC 29212
South Carolina State Museum: 301 Gervais St., Columbia, SC 29201, www.scmuseum.org
Columbia Fireflies/Spirit Communications Park: 1640 Freed St., Columbia, SC 29201, columbiafireflies.com

Wherever you may be during this cosmic phenomena, stay safe and make sure that you protect your eyes during the before and after partial eclipse phases by using eclipse viewing glasses. It is safe to remove the eclipse glasses when the sky goes dark during totality. While Columbia is the place to be during the solar eclipse next month, such a historic event also creates the potential for accidents and trouble of one kind or another. If you can, stay off the roads and find a spot to kick back and enjoy the astronomical show!

Jamie Smith

“Nationwide is on your side.” “Allstate: You’re in good hands.” “Like a good neighbor, State Farm is there.” Insurance companies drill these slogans into the minds of consumers to instill a feeling of security in their customers that, with insurance, they are covered when disaster strikes. But in far too many instances, when one finds himself amidst “mayhem” that causes him to fall back on his insurance policy, those slogans become empty promises.

Sure, your insurer may be quick to fix your vehicle after an accident…if you have collision insurance, that is. But what about the liability aspect? Every driver licensed in South Carolina is required to carry liability and uninsured motorist insurance. Liability insurance is in place as a financial protection in the event that you are at fault in an accident resulting in injury to another person or his property. And though your insurer has a duty to protect your interest within the limits of your insurance policy, odds are, your insurance company has a very different understanding of what it actually means to protect your interests.

As attorneys, we see what goes on with insurance adjustors behind the scenes. Despite what some personal injury commercials claim, submitting a claim is not an easy way to walk away with a windfall. If you have caused an accident, and in doing so injured a third party, the reality is that your insurance company is fighting tooth and nail with the injured party over every dollar in an effort to pay out as little of the liability insurance you pay for, ensuring that the company remains as profitable as possible. Many times, insurers refuse to pay for medical care related to the accident for arbitrary reasons, just to keep a few extra dollars in the bank.

But how does this frugality fail to protect you as an insured? The answer is simple, and it is why you see so many personal injury attorneys around the state; if an insurer refuses to pay a reasonable settlement amount, the injured party must file a lawsuit to recover an amount sufficient to make him whole. But in South Carolina, an injured party cannot file suit against an insurer directly—in fact, you cannot even utter the word “insurance” in a courtroom. Instead, the at-fault driver must sue the person who caused the accident: you, the insured.

A lawsuit is no walk in the park. Plaintiffs and defendants alike must spend hours answering discovery requests and prepping for depositions and trial. The process can take upwards of a year, and your name as a defendant in a lawsuit becomes a matter of public record. Worse still, you are not in control of the lawsuit; your insurance carrier hires an attorney on your behalf, and holds all of the settlement power. So even though you may not have monetary liability at the end of the day—that will likely be covered by your insurance policy—if you cause an accident it is quite possible that your insurance company will unremorsefully drag you through the rigmarole of trial if it means they save a few bucks. (Ironically, in many instances if you add the amount an insurer pays in attorneys’ fees to their pre-suit offer, the amount would be sufficient to settle a claim without filing a lawsuit.) Is that really protecting the interests of its insured, or is it protecting the profitability of the insurance companies?

Perhaps even more unsettling is filing a claim for uninsured or underinsured motorist coverage. This is coverage that you purchase, and the claim is against your own policy. This may be coverage you have paid for decades and never need it; however, the second you file a claim your carrier becomes the opposition, the force working against you to limit your recovery, scrutinizing your injuries and medical bills in order to pay you as little as possible under your own policy.

Clearly it is not good business to pay out every demand that comes through, and frivolous and fraudulent claims are of great concern in the insurance industry. However, at the end of the day, all parties involved are harmed by insurance companies’ general unwillingness to make meaningful settlement offers on reasonable claims; all parties, that is, except the insurance company. The unfortunate reality is that you are not in good hands and your insurer is not by your side; your carrier doesn’t care.

If you are experiencing trouble with your insurance company in relating to a failure to pay uninsured or underinsured motorist claims, contact the Mike Kelly Law Group for a free consultation at (803) 726-0123. If you are concerned with the way your insurance company is handling any claim, take a look at the South Carolina law on improper claims practices at SC Code Ann. § 38-59-20 and contact the Department of Insurance for more information about filing a grievance.