Detailed Answer
When you negotiate a personal injury settlement after a car accident in South Dakota, start by gathering and organizing all evidence. This includes medical records, repair estimates, pay stubs showing lost wages, and photos of property damage and injuries. Clear documentation strengthens your position.
Next, determine the full value of your claim. Calculate economic damages (medical bills, vehicle repairs, prescription costs) and non-economic damages (pain and suffering, mental distress). South Dakota follows a pure comparative negligence rule under SDCL 20-9-3 (sdlegislature.gov/Statutes/Codified_Laws/20-9-3). Under this statute, the court reduces your award by your percentage of fault but does not bar recovery entirely.
Before you make a demand, review the at-fault driver’s insurance policy limits. Request a copy of the declarations page or confirm limits through your adjuster. Tailor your demand letter to include a clear demand amount and itemized damages. Attach supporting documents and explain how you arrived at your figures.
When you receive an initial offer, compare it to your demand. Adjusters often start low. Counteroffer methodically—anchor your counter with a justified figure based on your documented losses. Maintain a negotiation log with dates and content of phone calls, letters, and emails.
If negotiations stall, consider alternative dispute resolution. Mediation can help you reach a settlement without the cost and delay of litigation. South Dakota has no mandatory mediation law for auto claims, but insurers often agree under SDCL 58-12-2.1’s good faith claim practices (sdlegislature.gov/Statutes/Codified_Laws/58-12-2.1). Remember that going to court involves filing deadlines under SDCL Chapter 15-2, so track the two-year statute of limitations for personal injury actions.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified South Dakota attorney to discuss your specific situation.
Helpful Hints
- Document every expense and loss promptly.
- Use a spreadsheet to track communications with insurers.
- Keep copies of all medical records and receipts.
- Know South Dakota’s pure comparative negligence rule before negotiating.
- Verify policy limits early to set realistic expectations.
- Consider mediation if direct talks stall.
- Be prepared to file a lawsuit before the two-year deadline (SDCL 15-2-14).