Disclaimer
This article provides general information only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When you sustain injuries in an accident caused by someone else, you rely on the at-fault party’s insurer to cover your reasonable medical expenses. Under South Dakota law, drivers must carry liability insurance that includes medical payments coverage or bodily injury limits. To ensure the insurer accepts liability, follow these steps:
- Report the accident promptly. Notify law enforcement at the scene and file a written notice with the at-fault driver’s insurer within 30 days. South Dakota Codified Law § 32-12A-38 requires prompt reporting of motor vehicle accidents.
- Obtain and preserve documentation. Keep all medical records, bills, receipts and provider statements. Detailed records help the insurer verify that your expenses relate to the covered accident.
- Submit a formal claim. Send a written demand for compensation to the insurer. Include a cover letter, a copy of the accident report, your medical documentation, and a calculation of past and future medical costs.
- Invoke applicable statutes. Cite South Dakota’s liability-insurance requirements. For example, SDCL § 58-11-9 prohibits insurers from unreasonably refusing to settle valid claims within policy limits. Hyperlink: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=58-11-9
- Follow up in writing. If the insurer stalls, send reminder letters every two weeks. Document each contact with dates, names, and summaries of conversations.
- Consider mediation or appraisal. Many policies include alternative dispute resolution clauses. Mediation can pressure the insurer to negotiate. Appraisal (often used in property cases) can apply to medical payment disputes if provided for in the policy.
- Retain an attorney if needed. If the insurer still denies or undervalues your claim, a personal injury attorney can file a lawsuit and handle discovery, depositions, and trial. Under SDCL § 15-6-54, the court can order pretrial disclosures to uncover insurer communications.
Helpful Hints
- Record all medical visits and treatments, even minor ones.
- Obtain a copy of the at-fault driver’s insurance policy limits early.
- Get written confirmation of every letter or email you send.
- Ask providers for itemized bills to avoid insurer challenges.
- Know your policy’s deadline to file a lawsuit—South Dakota’s statute of limitations for personal injury is three years under SDCL § 15-2-14.1.