South Dakota Car Accident Settlement Process and Timeline

Most people will experience a car accident at some point. Unfortunately, one thing nobody ever teaches you is what to do after a car crash. Dealing with the insurance companies can be a frustrating process. It's more intimidating if you have to sue the at-fault driver.

If you are in a car accident in South Dakota, you'll want to know whether you need to file a report, how to handle insurers, and how long you must file a court case. This article addresses these and other issues relating to the South Dakota car accident settlement process and timeline.

Do I Need to Report a Car Accident in South Dakota?

South Dakota Laws, Section 32-34-7, requires that any driver involved in a car accident involving bodily injury, death, or property damage report the crash. You must report an accident with at least $1,000 in property damage. 

The problem is that it's challenging to determine the extent of the property damage and whether one of the accident victims suffered an injury.

It's best to report your accident, regardless of how minor it is. This way, you don't get into trouble, and you'll increase your odds of receiving the compensation you deserve. Call 911 immediately after the collision. 

Emergency responders will come to the scene and do a thorough investigation. The officer will put their findings into the police report. Your South Dakota car accident lawyer will need this report to prove your case.

South Dakota Car Insurance Laws

Drivers in South Dakota must maintain proof of their financial responsibility. This means drivers must keep an auto insurance policy that meets the state's statutory minimum coverage requirements.

These requirements in South Dakota Laws, Section 32-35-2, and include:

• At least $25,000 for bodily injury or death to one person in one accident
• At least $50,000 for bodily injury or death to two or more people in any one accident
• A minimum of $25,000 for injury or destruction of another's property in any one accident

One of the primary reasons the state mandates that drivers carry auto insurance is to prevent the state from paying victims' medical bills. It also ensures that people who suffer a car accident in South Dakota can get the necessary medical care.

How Do Car Accident Settlements Work in South Dakota?

Every car accident case is unique, and the settlement process may vary. The process usually begins when you file a claim with an insurance company. The company's insurance claims adjuster reviews your claim and investigates the incident. They'll also examine the evidence you submit. 

When the insurance adjuster completes this process, they may pay your claim, deny it, or make a settlement offer. You can submit a counteroffer if you don't feel the offer is fair. You must include any extra evidence or arguments that support your position.

There may be several rounds of negotiation before you reach an agreement. The car insurance company will ask you to sign a settlement release if you accept a settlement offer. Once you sign this, you can't ask for more money later. Never sign this release without having a personal injury lawyer review it. You may be signing away important legal rights. The agreement may also have language that jeopardizes your chances of getting fair compensation.

If you can't settle, you may have to file an auto accident lawsuit against the other driver. You can't sue their insurance carrier directly. But, the law requires the insurance company to represent the at-fault driver in court. 

What Is the Average Car Accident Settlement in South Dakota?

One of the first questions most accident victims ask their car accident attorneys is how much their personal injury claim is worth. This is a tricky question to answer. Average settlement amounts depend on your car accident injuries. But, the facts of each case are different. There's no guarantee that you'll get economic and non-economic damages.

You can use a damages worksheet to estimate your damages. In most car accident claims, the plaintiff gets some or all the following types of damages:

• Compensation for medical expenses and future medical treatment
• Reimbursement for lost wages
• Damages for future lost income
• Pain and suffering 
• Property damage

Your South Dakota personal injury attorney will fight to get you as much money as possible. 

How Long Do I Have to File a Car Accident Lawsuit in South Dakota?

Every state has a statute of limitations, a law that limits how long you have to file a personal injury case. According to South Dakota law Section 15-2-14, you must file your personal injury claim within three years of the date of your accident.

If you miss this filing deadline, the judge will dismiss your case, and you'll walk away with nothing. 

Get Legal Help With South Dakota's Car Accident Settlement Process

After a car accident, you'll want to focus on recovering from your injuries. You won't want to spend hours fighting with insurance companies. This is why you should contact a South Dakota accident attorney. You can schedule your free case evaluation and decide whether you want to hire an attorney to handle your claim.