Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized guidance, consult a licensed attorney.
Steps to Pursue Vehicle Damage Compensation in South Dakota
Under South Dakota law, vehicle damage claims (property damage) are separate from bodily injury claims. Follow these steps to recover compensation for vehicle damage without affecting any personal injury claim.
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Notify Your Insurer Promptly
Report the accident to your own insurer and, if the other driver is at fault, to the at-fault driver’s insurer. Provide basic details but avoid giving recorded statements until you’ve gathered all facts.
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Document the Damage Thoroughly
Photograph all damage to your vehicle, the accident scene, and any contributing factors. Retain copies of the police report, tow invoices, and any other documentation.
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Obtain Independent Repair Estimates
Get at least two written repair estimates from reputable auto body shops. This ensures the insurer values repairs accurately.
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File a Property Damage Claim
Submit your estimates, photos, and the police report to the insurer. Specify whether you’re filing a first-party collision claim with your carrier or a third-party claim against the at-fault driver’s insurer.
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Negotiate Your Settlement
Review the insurer’s offer. If it undervalues your claim, submit additional evidence such as supplemental estimates or expert appraisals to justify a higher payout.
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Avoid Broad Releases
When you accept a settlement, sign a release that covers only vehicle damage. Do not agree to any language that waives your right to pursue bodily injury damages.
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Pursue Legal Action if Necessary
If negotiations fail, you can file suit in South Dakota courts:
- Small Claims (up to $12,000): File in magistrate court. Magistrate courts have jurisdiction over small claims up to $12,000 (SDCL §16-17A-2).
- Circuit Court (over $12,000): For larger claims, file in the appropriate county circuit court.
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Observe the Statute of Limitations
In South Dakota, property damage actions generally must be filed within three years of the accident date (SDCL §15-2-13).
Helpful Hints
- Maintain a comprehensive claim file with all correspondence, estimates, and invoices.
- Keep property damage and bodily injury discussions separate.
- Review your policy’s deductible, coverage limits, and exclusions.
- Document any medical treatment promptly to preserve your bodily injury claim.
- Seek legal advice early if the insurer undervalues your damage or denies coverage.