What to do next after you get the crash report (South Dakota)

Disclaimer: This is educational information only and not legal advice. I am not a lawyer. If you need legal advice about your specific situation, contact a licensed South Dakota attorney.

Detailed Answer — clear steps to move your personal injury claim forward

Receiving the police crash report is an important early step, but it does not by itself start or resolve a personal injury claim. Under South Dakota law you must act deliberately and promptly to preserve your rights and build a strong claim. The following step-by-step plan explains what to do next, why each step matters, and how South Dakota rules affect timing.

1. Read the crash report carefully

• Confirm the basics: names, vehicle information, date/time, location, officer narrative, and any listed citations.
• Note any inconsistencies between the report and your memory or witness statements. The report is one piece of evidence; it is not final proof of fault.

2. Preserve and collect evidence

• Take and save photos of injuries, vehicle damage, skid marks, traffic signs, and the crash scene (if possible).
• Get contact information for all witnesses and ask them for written or recorded statements if they are willing.
• Keep the damaged vehicle (don’t repair it immediately) or get a detailed repair estimate and photos before major work.
• Preserve digital evidence such as phone records, dashcam footage, or location data. If devices get wiped or lost, that evidence may be gone.

3. Get prompt medical care and document all treatment

• Seek medical attention right away for any injury. Delays can hurt both your health and the credibility of your claim.
• Follow medical advice and keep all appointment notes, bills, diagnoses, imaging, prescriptions, and a treatment timeline.
• Track non-medical impacts: missed work, reduced earning capacity, household help paid for, and how injuries affect daily life.

4. Notify your insurer and the at-fault party’s insurer

• Report the crash to your own auto insurer promptly, per your policy requirements.
• Be factual and concise when talking to insurers. Do not admit fault, speculate, or give long recorded statements without consulting an attorney if injuries are serious.
• Save copies of all communications, claim numbers, and adjuster names.

5. Use the crash report strategically

• Attach or reference the police report when you file an insurance claim or send a demand letter. The report can help establish timing, parties, and the officer’s observations.
• Remember the police report is admissible evidence but not conclusive proof of fault. South Dakota courts consider many evidence types when deciding fault.

6. Calculate damages and prepare a written demand

• Compile medical bills, wage loss documentation, vehicle repair bills, receipts, and a clear summary of non-economic losses such as pain and suffering.
• Prepare a demand letter to the insurer of the at-fault driver. The letter should state liability theory, summarize injuries and treatment, list economic damages, and propose a settlement amount. Keep tone professional and evidence-focused.

7. Negotiate with the insurer — know common tactics

• Insurers often make early low settlement offers. Be patient and let them make offers in writing.
• Respond with documentation. Don’t accept any release or settlement before knowing the full extent of injuries.
• If negotiations stall, consider mediation or arbitration as alternatives to litigation.

8. File a lawsuit if necessary — respect South Dakota time limits

If negotiations fail, you may need to file a civil lawsuit. South Dakota places time limits on when you can sue. For most personal injury claims, the limitation period is three years from the date of injury. See the South Dakota statute of limitations for personal actions: SDCL § 15-2-14. Missing this deadline can bar your claim regardless of its merits.

9. Consider how fault is determined in South Dakota

South Dakota applies comparative fault principles. That means a court can reduce your recovery by the percentage of fault assigned to you. If you are found more than a certain percentage at fault under state rules, you may be barred from recovering (discuss this with a local attorney to understand current thresholds and case law in South Dakota).

10. When to hire an attorney

Talk to a personal injury attorney promptly if you have significant injuries, disputed liability, high medical expenses, permanent impairment, or difficulty dealing with insurers. An attorney can evaluate liability, preserve evidence, handle negotiations, and—if needed—file a lawsuit before the statute of limitations runs.

References and helpful South Dakota links

• South Dakota Codified Laws (statute of limitations for personal injury): SDCL § 15-2-14
• South Dakota Department of Public Safety — crash report and Highway Patrol resources: https://dps.sd.gov/ (contact local law enforcement or DPS for copies of reports)

Helpful Hints

• Start documenting now: daily symptom notes and a treatment calendar strengthen your claim.
• Keep all receipts and records together in a digital folder and a physical file.
• Don’t sign a full release or accept a settlement without confirming your future medical needs are accounted for.
• Ask for a copy of your complete medical records and billing codes (they help with settlement valuation).
• If the crash involved government property or employees, strict notice rules might apply—contact an attorney quickly.
• If you can’t afford an attorney up front, look for lawyers who handle personal injury cases on contingency (they get paid only if you recover).
• Act well before the statute of limitations. Filing deadlines are strict and rarely extend for inaction.

Next step: if your injuries or losses are significant, request a free consultation with a South Dakota personal injury lawyer to get an individualized assessment and to ensure deadlines and evidence preservation steps are met.