How to Challenge Delay or Denial Tactics by an Insurer Following a Collision in South Dakota

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

After a collision, insurers in South Dakota must handle your auto claim fairly and promptly under state law. Two key statutes protect policyholders:

If your insurer delays or denies a valid claim, follow these steps:

1. Review Your Policy and Gather Evidence

Compare the insurer’s explanation to your policy terms. Collect repair estimates, medical bills, photos, police reports and written communications.

2. Send a Written Demand Letter

Draft a clear demand letter summarizing facts, policy provisions and applicable law (citing SDCL § 58-12-2). Request payment or a detailed explanation within 15 business days.

3. File a Complaint with the South Dakota Division of Insurance

If the insurer fails to respond, file an unfair practice complaint online at the South Dakota Department of Labor & Regulation, Division of Insurance (dlr.sd.gov/insurance).

4. Consider Appraisal or Small Claims Court

Many auto policies include an appraisal clause to resolve value disputes. If your loss is under $12,000, you may file in small claims court under SDCL § 16-16A-2. For larger claims, file suit in civil court.

5. Consult a Qualified Attorney

If you face complex delays or significant denial, seek legal representation. An attorney can advise on bad‐faith claims and potential punitive damages under state law.

Helpful Hints

  • Document all communications in writing and retain copies.
  • Track response deadlines set by SDCL § 58-12-2 to identify bad faith.
  • Use certified mail for demand letters to create a record.
  • Keep a detailed log of phone calls, dates, times and names.
  • Explore free mediation services before filing a lawsuit.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.