After a crash on South Dakota roads, like the busy Interstate 29/I-90 junction near Sioux Falls, dealing with insurance companies can feel overwhelming. You need to act quickly, but carefully, to protect your rights and secure fair compensation.
Understanding what to say or not say to insurance adjusters and even who you should talk to can significantly impact the recovery process and your physical and financial well-being.
What to do immediately after an accident
The moments following a collision are crucial for your safety and accident claim. Here are several vital actions that protect you:
- Stay at the scene (leaving could result in hit-and-run charges)
- Check for injuries and call 911
- Move to safety if possible
- Exchange information with other drivers
- Document the scene with photos and videos
- Collect contact information from witnesses
- Report the accident to your insurance company
Medical attention should be your priority, even if you feel fine. Some injuries don’t show symptoms immediately, and medical records provide crucial documentation.
Communicating with insurance companies: Do’s and don’ts
When talking to your insurance company, stick to basic facts about when and where the accident happened. Be honest but concise when answering their questions and request all information about the claims process in writing.
Here’s what not to say to insurers:
- Never admit fault or apologize
- Don’t say “I’m fine” or minimize your injuries
- Avoid giving recorded statements without legal advice
- Don’t accept the first settlement offer
Document all communications with insurers, including names, dates and conversation summaries. If the negligent party’s insurer contacts you, refer them to your attorney.
Understanding South Dakota’s complex car accident compensation laws
The Mount Rushmore State has complicated rules that affect how you seek compensation. For instance, South Dakota is an “at-fault” state with a unique “slight/gross negligence” rule.
Under this rule, you can recover damages only if your negligence (fault) is considered “slight” compared to the other party’s “gross” negligence. South Dakota is the only state that uses this standard.
What makes it distinctive is that no fixed percentage defines “slight” versus “gross.” Instead, it’s determined on a case-by-case basis. Generally, if your contribution to the accident is significantly less than the other party’s, you may still recover damages, but your compensation is reduced by your percentage of fault.
For example, if you were 10% at fault and the other driver was 90% to blame, you could still recover damages, but your compensation is reduced by 10%. The slight/gross negligence rule makes South Dakota cases particularly complex, which is why having experienced legal representation is often crucial after an accident.
Types of compensation available
After a car wreck, especially in high-traffic areas like Minnesota Avenue or the 41st Street corridor, you may receive economic damages, including medical expenses (current and future), lost wages and earning capacity and vehicle repair or replacement costs.
You can also receive noneconomic damages, which include pain and suffering, emotional distress and loss of enjoyment of life. Unlike many other states, South Dakota does not cap economic or noneconomic damages in car accident claims.
When to seek legal representation
While insurance companies can typically handle minor fender benders, many situations call for professional legal guidance. Consider hiring an attorney when:
- You’ve suffered significant injuries
- The responsible party disputes fault
- The claim involves multiple parties
- The insurance company denies your claim
- The settlement offer seems too low
A skilled car accident attorney can level the playing field between you and powerful insurance companies, ensuring you don’t settle for less than you deserve while you focus on recovery.