Detailed Answer
When an auto collision in South Dakota damages your vehicle but does not involve—or before you resolve—any bodily injury claims, you can still pursue property damage compensation separately. South Dakota law treats property damage and bodily injury claims on different tracks. Follow these key steps to maximize recovery for your vehicle damage:
1. Document the Damage and Collision Details
Immediately after the crash, photograph all angles of your vehicle’s damage, road conditions, skid marks, and other vehicles. Record the at-fault driver’s name, insurance company, policy number, and contact information. Detailed records strengthen your property damage claim.
2. Notify Your Insurer Promptly
South Dakota law requires motorists to carry liability insurance. Under SDCL 32-35-77 (liability insurance requirement), you must report collisions to your own insurer without delay. If you purchased collision coverage, your insurer may handle repairs directly and then seek reimbursement from the at-fault party.
3. File a Property Damage Claim with the At-Fault Driver’s Insurer
If another driver caused the damage, submit a third-party property damage claim to their insurance carrier. Provide your photos, police report (if available), and repair estimates. The insurer assigns an adjuster to inspect the damage and evaluate your loss.
4. Provide Repair Estimates and Invoices
Obtain written, itemized repair estimates from reputable auto shops. Submit these estimates along with any towing, storage, or rental vehicle invoices. Retain originals of all bills and correspondence.
5. Negotiate the Settlement
Once the adjuster reviews your documentation, they will issue a settlement offer. You can negotiate for a higher amount by providing additional evidence—such as diminished value appraisals or receipts for aftermarket parts.
6. Consider Small Claims Court if Necessary
If the insurer denies your claim or offers an inadequate settlement and your damages total $12,000 or less, you may file suit in South Dakota small claims court under SDCL 16-22-18 (small claims jurisdiction). Small claims proceedings are faster and have lower filing fees.
Statute of Limitations: Under SDCL 15-2-13 (Actions for injuries to personal rights), you generally must file any lawsuit for property damage within three years of the incident date.
Helpful Hints
- Take timestamped, high-resolution photos of all damage immediately after the accident.
- Keep a written log of all conversations with insurance adjusters and opposing parties.
- Obtain at least two independent repair estimates to support your settlement demands.
- Preserve damaged parts (bumper, lights, engine components) until the insurer inspects them.
- Track rental car expenses if you need a replacement vehicle while yours is repaired.
- Consult a licensed attorney if the insurer denies your claim or undervalues your damages.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney in South Dakota.