How Car Accident Compensation Works in South Dakota

South Dakota is a “fault” state for car accidents. This means the person who was at fault for the car accident is responsible for paying for the damages they cause. If it is proven that they are at fault, then that driver’s insurance company must cover the expenses of the driver they injured.

South Dakota is a modified comparative negligence state. This means that if you are partially at fault for the accident, you can still recover compensation as long as you are no more than 50% responsible.

Every state has its own car insurance requirements. South Dakota law requires all vehicles registered in the state to have the following insurance:

• Bodily injury liability: Covers $25,000 for bodily injury or death per person and $50,000 for bodily injury or death per person per accident.
• Property damage liability: Covers $25,000 for property damage per accident.
• Uninsured/underinsured motorist coverage: This coverage stands in for the other driver’s insurance if you are hit by a driver who is uninsured. The minimum requirements are the same as your liability insurance: $25,000 for bodily injury or death per person and $50,000 per accident.

Insurance companies also offer other types of optional insurance to South Dakota drivers, including:

• Collision. This coverage pays for damage expenses caused by an accident with another vehicle or object.
• Comprehensive. This insurance coverage pays for vehicle damages that did not occur in an accident. Some examples include vehicle damage caused by weather conditions or theft.
• Medical payments. This insurance coverage pays for medical expenses that resulted from an accident, regardless of fault.

Your insurance and the other driver’s insurance are very important when it comes to your car accident injury claim. An attorney can review the applicable insurance policies and determine how much coverage is available to pay for your accident.

If you were injured in a car accident in South Dakota, you have the right to file a lawsuit. However, there are a few important facts you need to know before taking any course of action.

There is a statute of limitations or deadline you must meet if you are thinking of filing a lawsuit. In South Dakota, you have three years from the date of the accident to file a lawsuit. There is also a six-year deadline for filing a lawsuit if your claim is for property damage.

Although you have this length of time to file, it does not mean you should wait. Over time, the strength of your claim diminishes as evidence is lost and witnesses forget what they saw. That’s why speaking with a car accident attorney as soon as possible strengthens your claim. They’ll look out for your best interests and know the best direction to take your case.

Different factors will affect the worth of your car accident claim, including how serious your injuries are, how they’ve affected your daily life, and your insurance coverage.

You can be compensated for economic and non-economic damages. Economic damages are those that have caused a direct, objectively verifiable financial burden such as:

• Medical expenses. These can include hospital bills, surgery, treatments, medications, or any medical costs needed for you to recover from your injury.
• Lost wages. Your injury may have stopped you from being able to work. Present and future lost income are both economic damages.

You can also be covered for noneconomic damages in South Dakota, which are more subjective in nature. These include:

• Pain and suffering: Physical and emotional pain and discomfort.
• Emotional distress: Grief, shock, fear, and anxiety.
• Loss of enjoyment: Inability to enjoy hobbies, interests, passions, and life in general.

The financial compensation awarded to you should cover all the damages listed above and potentially more. To find out an estimate of what your car accident claim may be worth, contact an experienced car accident attorney. They can calculate your economic and non-economic damages and give you a better picture of how much compensation you may be awarded.

In South Dakota, all drivers must have uninsured motorist coverage (UM), yet many drivers still get behind the wheel with no coverage. So, when an uninsured driver hits your car, your own UM insurance will cover the expenses, up to the policy limit. Depending on the situation, there may be other sources of compensation as well.

That said, even when dealing with your own insurance company in a UM claim, it’s still important to have an attorney. An attorney can negotiate with your insurance company on your behalf to ensure you are fairly compensated.