Detailed Answer
When an insurance adjuster in South Dakota issues an initial settlement proposal, they aim to resolve your claim quickly and economically. South Dakota law requires insurers to act in good faith. Under SDCL § 58-12A-2, insurers must not misrepresent material facts or policy provisions. However, initial offers often undervalue your losses.
First, review the adjuster’s proposal. Compare it to your documented losses, including medical bills, property damage, lost wages, and non-economic damages like pain and suffering. Tally your “special” damages (quantifiable costs) and estimate “general” damages (subjective losses). Factor in policy limits and any deductible.
Once you know your claim’s full value, decide if you should counter. If the adjuster’s offer falls short—common when insurers start with a lowball figure—you can push back. Prepare a detailed counteroffer letter. In it, include:
- A concise summary of your claim and key dates.
- A breakdown of all damages with supporting amounts.
- Documentation such as medical records and repair estimates.
- A specific monetary demand reflecting your total damages.
- A reasonable deadline for response, typically 30 days.
Submit your counteroffer in writing via certified mail or another trackable method. Keep copies of all correspondence. After delivery, the adjuster may accept, reject, or propose a new number. If negotiations stall, consider mediation or filing a lawsuit before the applicable statute of limitations runs. For many personal injury claims, see SDCL § 15-2-14.
Helpful Hints
- Organize all bills and receipts chronologically.
- Obtain a fair market estimate for property damage.
- Keep a diary of symptoms and limitations to support non-economic damages.
- Review your insurance policy for deadlines, duties, and exclusions.
- Consider consulting a personal injury attorney for complex claims or hard-to-value losses.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.