How to Handle Calls From Insurance Adjusters After a Personal Injury in South Dakota
An insurance adjuster often calls within days of a car accident, slip and fall, or other injury in South Dakota. The call can sound friendly, almost like customer service, even though the adjuster works for a company with its own financial interests. Many injured people say more than they should simply because they do not know what the call is really for. Knowing how to handle these calls protects both your claim and your peace of mind.
Why Insurance Adjusters Call So Soon After an Injury
An adjuster usually calls fast because early statements are easier to use later than statements made after a lawyer gets involved. The adjuster’s job is to gather information, not to make sure you get full payment for your injury. Many injured people only think to schedule a consultation with Whiting Hagg & Dorsey after they realize how one-sided that first call really was.
A recorded statement feels routine, but it becomes part of the official record of your claim. Anything you say can be replayed later if your case ever goes further than a simple settlement. Treating every call as part of the legal process, not a casual chat, changes how you prepare for it.
Why What You Say on the Phone Can Hurt Your Claim
South Dakota uses a fault rule that is different from almost every other state in the country. Under South Dakota Codified Laws § 20-9-2, you can only recover money if your own negligence was slight compared to the other person’s, and anything more can bar your claim completely. An offhand comment on a phone call can become evidence used against you under this rule.
- Fault words – phrases like “I should have” or “I didn’t see”
- Speed guesses – estimating how fast you or the other driver were going
- Injury minimizing – saying you feel fine before you know the full extent
- Recorded consent – agreeing to a recorded statement without thinking first
Common Tactics Adjusters Use During These Calls
Adjusters are trained to keep conversations friendly while still gathering information that helps their employer. A calm, sympathetic tone does not mean the adjuster is working in your interest. Some tactics are subtle enough that injured people do not notice them until much later.
An adjuster might ask broad, open-ended questions hoping you will volunteer more detail than needed. Others move quickly toward a settlement number before you know the full cost of your medical care. Slowing down the conversation, or simply asking to call back later, takes away much of this pressure.
Signs an Adjuster Is Handling Your Claim Unfairly
Not every delay or tough question is improper, but South Dakota law does draw a line somewhere. Under South Dakota Codified Laws § 58-33-67, insurers cannot use certain unfair practices when handling a claim, such as refusing to investigate it properly or failing to explain a denial. Watching for a few signs can help you tell ordinary caution from an unfair practice.
- No explanation – a denial with no real reason given
- Long delays – weeks pass with no update on your file
- Changing story – the reason for delay shifts each time you call
- Ignored calls – messages left but never returned by the adjuster
Why Deadlines and Leverage Still Protect You
South Dakota gives you a set window to file a lawsuit, and it does not pause just because you are still talking to an adjuster. Under South Dakota Codified Laws § 15-2-14, most personal injury claims must be filed within three years of the injury. Negotiating for months without tracking this date can quietly put your entire claim at risk.
You also have more leverage than many injured people realize when their own insurer handles a policy claim poorly, such as an uninsured motorist claim. Under South Dakota Codified Laws § 58-12-3, an insurer that refuses in bad faith to pay a claim under your own policy can be required to cover your attorney’s fees on top of the claim itself. Knowing this rule exists can change how seriously an insurer treats your file from the start.
What Every Adjuster Call Really Represents
Every call from an insurance adjuster is really a small negotiation, even when it does not feel like one. The words you choose, the details you share, and the pace you set all shape how your personal injury claim moves forward. South Dakota’s rules on fault and deadlines make these early conversations matter more than most people expect. Treating each call with care protects a claim long before any paperwork ever gets signed.
Published with permission from Whiting Hagg & Dorsey Law Firm – South Dakota
