Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
To ensure the at-fault party’s insurer accepts liability for your injuries in South Dakota, follow these steps:
1. Report the Accident Promptly
Within 72 hours, report the accident to law enforcement and file a crash report with the South Dakota Department of Public Safety. A formal record strengthens your claim.
2. Gather Evidence at the Scene
Take photos of vehicle damage, road conditions and visible injuries. Collect witness names and contact information. Detailed evidence increases the chance the insurer acknowledges fault.
3. Notify the Insurer in Writing
Send a written notice of claim to the at-fault party’s insurer by certified mail. Include the date, location and nature of your injuries. South Dakota law requires insurers to acknowledge claims SDCL 58-12-5.
4. Comply with Investigation Requirements
South Dakota prohibits unreasonable delays. SDCL 58-12-6 mandates insurers conduct a prompt, thorough investigation. Provide medical records, bills and a signed medical release.
5. Demand a Coverage Decision
Under SDCL 58-12-3, insurers must accept or deny claims within a reasonable time. If they fail to respond, send a formal demand letter citing their legal obligations and the evidence you’ve gathered.
6. Escalate if Necessary
If the insurer unreasonably denies or delays payment, file a complaint with the South Dakota Division of Insurance or consider a bad faith action under SDCL 58-12-1 to 58-12-12.
Helpful Hints
- Keep copies of all correspondence, medical bills and crash reports.
- Seek medical treatment promptly and follow your provider’s advice.
- Consult a personal injury attorney early to protect your rights.
- Use certified mail for all critical communications.
- Maintain a detailed diary of pain levels and daily impacts.