I encourage you to seek legal counsel immediately if hurt in an accident that was not your fault. All too often we will be contacted by people that have been mistreated or completely undervalued by an insurance company. You filed a claim, waited, and then the insurance company came back with an offer that barely covers your medical bills — or denied your claim altogether. Now what?
This scenario plays out every day across South Dakota, from Rapid City to Sioux Falls, from our most rural communities to our largest towns, and everywhere in between. Insurance companies are businesses, and large national insurers answer to shareholders with one primary goal: to make money. Insurance companies make money by underpaying or denying claims.
Why Insurance Companies Deny or Undervalue Claims
Before diving into what you can do, it helps to understand why this happens in the first place. Insurance adjusters are trained professionals whose job is to minimize or eliminate your legal recovery of damages. Common reasons they deny or underpay claims include:
Disputing liability. The insurer may argue that their policyholder was not at fault, or that you share a portion of the blame.. Insurers know this and sometimes exaggerate your share of fault to reduce or eliminate your ability to legally recover – especially in South Dakota.
Disputing the severity of your injuries. Adjusters often argue that your injuries are not as serious as you claim, that they were pre-existing, or that your treatment was unnecessary. This is especially common in cases involving soft tissue injuries, traumatic brain injuries, and chronic pain — conditions that are real but harder to see on with medical imaging.
Acting on incomplete information. If you give a recorded statement early on, before you fully understand the extent of your injuries, the insurer may lock you into a version of events that limits your claim.
Offering a quick, low settlement. Insurance companies often make fast settlement offers shortly after a car crash, before you know the full scope of your injuries or long-term costs. Once you accept and sign a release, you cannot go back — even if your condition worsens.
Common Adjuster Tactics to Watch Out For
If you are dealing with an insurance company after a serious injury in South Dakota, be aware of these common strategies:
Requesting a recorded statement. You are not required to give a recorded statement to the other driver’s insurance company. Anything you say can and will be used to minimize your claim – and recorded. Consult an attorney before agreeing to this.
Delays and paperwork requests. Prolonged delays and repeated requests for documentation can wear claimants down into accepting less. Do not let the wait push you into an unfair settlement.
Surveillance and social media monitoring. Insurers may/will monitor your social media or even conduct physical surveillance to find evidence that contradicts your injury claims. Be mindful of what you post online.
Downplaying future costs. A settlement offer may cover your current medical bills but ignore future treatment, ongoing therapy, lost earning capacity, or long-term pain and suffering. These future costs can dwarf your immediate expenses — especially in cases involving spinal cord injuries or brain injuries.
What South Dakota Law Says About Your Rights
South Dakota law gives injured victims the right to pursue full and fair compensation for their legally recoverable losses. This includes:
- Medical expenses — past and future
- Economic Impact/Lost wages — including future earning capacity if your injury affects your ability to work
- Pain and suffering — past and future, physical pain and discomfort during recovery, sleep disturbances caused by injury, etc.
- Permanent Injury – The lasting nature of the injury itself. Permanent loss of mobility, nerve damage, chronic cognitive impairment, permanent scarring or disfigurement, lifetime lifting restrictions
- Loss of Enjoyment of Life — Damages recoverable for being unable to participate in activities that previously gave your life pleasure or meaning (inability or restrictions to engage in hobbies, inability or restrictions play with children/grandchildren, inability to travel, etc.)
- Property Damage — Dollar Value of vehicle or other property damaged as a result of the crash.
Under South Dakota’s statute of limitations, you generally have three years from the date of your injury (date of crash) to file a personal injury lawsuit (S.D. Codified Laws § 15-2-14(3)). This deadline is critical. If you miss it, you lose your right to pursue recoverable legal damages in court — no matter how large your claim/damages.
This three-year window may feel like a long time, but cases take time to build. Evidence disappears, witnesses’ memories fade, and medical records need to be compiled. Do not wait until the deadline is approaching to take action.
Steps to Take When Your Claim Is Denied or Underpaid
If an insurance company has denied your claim or offered far less than is legally recoverable as damages, here is what you should do:
- Do not accept a settlement. If the offer does not fully cover your medical bills, lost income, and the pain and disruption this injury has caused your life, you are not obligated to take it. You have time and options.
- Get a thorough medical evaluation. Make sure all of your injuries are documented by a physician. Gaps in treatment or undocumented symptoms are often used against claimants. Follow your doctor’s recommendations completely.
- Gather and preserve evidence. This includes photos of the accident scene, your injuries, and property damage; police or accident reports; witness contact information; and any communications with the insurance company.
- Keep records of everything. Save every bill, receipt, email, and letter related to your injury. Document how your injury has affected your daily life, your ability to work, and your relationships.
- Do not give a recorded statement without legal counsel. If the insurance company pressures you for a recorded statement, speak with an attorney first.
- Consult a personal injury lawyer. This is perhaps the most important step. An experienced trial lawyer can evaluate your claim and take your case to court. In a personal injury case, one of the most influential decisions you will make with respect to your case’s outcome is who you hire as legal counsel.
Why Having a South Dakota Trial Lawyer Changes Everything
There is a reason insurance companies handle claims differently when they know the attorney on the other side will actually go to trial. Insurers calculate offers based on risk. If they believe your attorney is willing and able to try the case in front of a jury, their risk and exposure goes up exponentially — and so do settlement offers.
Many personal injury attorneys settle every single case – or take cases with the intention of settling. That is not always in the client’s best interest and the insurance companies know which firms will go to trial. This law firm only accepts cases that it is willing to try to jury – if it is in the best interests of the client to go to trial – that will be our advice every single time.
Whether your case involves a car accident, a trucking crash, a traumatic brain injury, a spinal cord injury, or another serious personal injury, we will be prepared to take your case to trial.
Do Not Let an Insurance Company Decide What Your Injury Is Worth
Insurance adjusters work for the insurance company — not for you. Their job is to close your file for as little as possible. Robert J. Rohl, Trial Lawyer’s exclusive objective is to protect your rights and your future. This includes maximizing in every way the amount of money you receive as collectible legal damages. Every case has its own economy, and if we believe that our involvement is not to your economic advantage – we will explain exactly why that may be. Most commonly, it is due to low insurance policy limits. In these scenarios, we have completely waived our fee or converted to an hourly arrangement.
If you have been injured in South Dakota and the insurance company has denied your claim, delayed your claim, or offered you far less than you deserve or are legally owed, contact Robert J. Rohl, Trial Lawyer, today. We serve clients in Rapid City, Sioux Falls, and throughout South Dakota.
Call us at 605-519-7750 or contact us online for a free consultation.
Robert J. Rohl is a trial lawyer based in Rapid City, South Dakota, representing seriously injured people throughout the state. His practice focuses on personal injury cases involving motor vehicle crashes, trucking crashes, commercial fleet vehicle crashes, traumatic brain injuries, spinal cord injuries, wrongful death, and loss of limb/amputation.