Being hit by an uninsured driver creates a stressful situation. Many accident victims don’t know how to handle it. You’re injured, your car is damaged, and you’re facing medical bills and lost wages. The driver who caused the accident has no insurance to cover your losses.
This is where an uninsured motorist lawyer in Watertown can help. Turbak Law Office, P.C. handles uninsured motorist claims throughout South Dakota. We fight to get you the compensation you deserve. We offer a free consultation and work on a no-fee basis. You pay nothing unless we recover money for you.
Why Choose Turbak Law Office, P.C. for Your Uninsured Motorist Claim
When you’re dealing with an uninsured motorist claim, you need a law firm that understands the legal issues. You also need a firm that knows insurance company tactics. Insurance companies often try to minimize payouts.
Turbak Law Office, P.C. brings years of experience handling UM/UIM claims in South Dakota. We have a proven track record of helping accident victims recover fair compensation. Learn more about our results and case outcomes.
Our team knows how insurance companies operate. We understand what it takes to build a strong claim. We handle every aspect of your car accident case, from investigation through litigation. This includes investigating the accident, negotiating with your insurance company, and pursuing litigation if necessary.
We’re based right here in Watertown. We understand the local community and the challenges our neighbors face after accidents. We work on a contingency fee basis. You don’t pay us anything up front. We only get paid if we win your case. Your first consultation is completely free, with no obligation to hire us.
What Is an Uninsured Motorist Claim?
An uninsured motorist (UM) claim is a type of insurance coverage. It protects you when you’re hit by a driver who doesn’t have liability insurance. South Dakota law requires all drivers to carry a minimum amount of liability insurance. However, not everyone follows the law.
In fact, approximately 8% of drivers on South Dakota roads lack insurance coverage.
If you’re hit by an uninsured driver, your own auto insurance policy’s uninsured motorist coverage kicks in. It pays for your medical bills, lost wages, pain and suffering, and other damages. This coverage works similarly to a liability claim. You file with your own insurance company instead of the at-fault driver’s insurer.
Underinsured motorist (UIM) coverage is slightly different. This applies when the at-fault driver has insurance. However, their policy limits aren’t high enough to cover all your damages. For example, if you have $100,000 in damages but the other driver only has $25,000 in coverage, your UIM coverage can help bridge that gap.
Key differences between UM and UIM coverage:
- UM applies when the other driver has no insurance at all
- UIM applies when their insurance isn’t enough to cover your damages
- Both protect you and your passengers from financial hardship after an accident
When Do You Need an Uninsured Motorist Lawyer?
While some uninsured motorist claims are straightforward, others require legal expertise. You should consider hiring an uninsured motorist lawyer if you’re facing any of these situations:
You were hit by a driver with no insurance. This is the most common reason to file a UM claim. Insurance companies sometimes try to minimize these claims. They question whether the other driver was truly uninsured. Our car accident attorneys can help challenge these denials.
You were hit by a hit-and-run driver. When the at-fault driver flees the scene, proving what happened becomes more difficult. A lawyer can help gather evidence. We work with the police to establish what occurred.
The other driver’s insurance doesn’t cover all your damages. If your injuries and losses exceed the at-fault driver’s policy limits, your UIM coverage should cover the difference. Insurers don’t always cooperate with this process. This is where personal injury representation becomes essential.
Your insurance company is denying or undervaluing your claim. Some insurers dispute UM claims. They offer settlements far below what your case is actually worth. A lawyer can challenge these decisions and fight for fair compensation. Learn about how to respond when your insurance company denies your claim.
Your injuries are serious or complex. Cases involving significant medical treatment benefit from legal representation. This includes permanent injuries or substantial lost wages. We help you receive full compensation for traumatic brain injuries, spinal cord damage, and other serious injuries.
How Turbak Law Office, P.C. Handles Your UM/UIM Claim
From the moment you contact Turbak Law Office, P.C., we take a systematic approach. We build your case and work to maximize your recovery. Here’s how we handle uninsured motorist claims:
Initial Consultation and Case Evaluation. We start by listening to your story. We understand exactly what happened. We review your accident details, injuries, medical records, and insurance policy. We determine the strength of your claim and what compensation you may be entitled to receive. Our experienced attorneys will guide you through every step.
Investigation and Evidence Gathering. We don’t rely solely on what the insurance company tells us. Our team investigates the accident thoroughly. We collect police reports, witness statements, and photos of the accident scene. We gather medical records and any other evidence that supports your claim. We work with accident reconstruction experts when necessary. This helps establish liability and strengthen your case.
Negotiation with Your Insurance Company. Armed with solid evidence, we negotiate directly with your insurance company on your behalf. We present a detailed demand. It accounts for all your damages—medical expenses, lost wages, pain and suffering, and more. Many claims are resolved through negotiation without going to court.
Representation Through the Claims Process. If your insurance company disputes your claim, we handle all communications and paperwork. We ensure deadlines are met. Your rights are protected throughout the process. We understand the complexities of insurance claim denials and know how to fight back.
Litigation if Necessary. If negotiation doesn’t result in fair compensation, we’re prepared to take your case to court. We have the litigation experience and resources to fight for you. We represent you in front of a judge and jury.
Understanding South Dakota Uninsured Motorist Laws
South Dakota has specific laws governing uninsured motorist coverage and claims. Understanding these laws helps you know your rights and what you can recover.
South Dakota requires all drivers to carry minimum liability insurance. The requirement is $25,000 per person and $50,000 per accident for bodily injury. Property damage coverage must be at least $25,000. However, many drivers ignore this requirement. This is why UM/UIM coverage is so important. Under South Dakota Codified Laws § 32-35-101 et seq., these requirements are mandatory for all vehicle owners.
The statute of limitations for filing an uninsured motorist claim in South Dakota is three years. This is measured from the date of the accident. You have three years to file your claim. However, you shouldn’t wait. The sooner you file, the fresher the evidence and witness memories are. Your case becomes stronger. According to South Dakota Codified Laws § 15-2-14, this three-year window is critical.
South Dakota law protects your right to recover damages. You can recover for medical expenses, lost wages, pain and suffering, and emotional distress. You can also recover for other losses resulting from the accident. Your UM/UIM coverage should pay for these damages up to your policy limits. Understanding economic vs. non-economic damages is essential to maximizing your recovery.
Common Questions About Uninsured Motorist Claims
What if the uninsured driver is found?
If police locate the uninsured driver after your accident, you may have additional options. You could potentially pursue a personal injury lawsuit against that driver directly. This could happen in addition to your UM claim. However, collecting from an uninsured driver is often difficult. They typically lack assets. Your UM coverage provides a more reliable source of compensation. This is why it’s so valuable. Learn more about what to do after a car accident to protect your rights.
How much is my uninsured motorist claim worth?
The value of your claim depends on several factors. These include the severity of your injuries and the cost of medical treatment. We also consider how long your recovery takes. Did you miss work? How has this impacted your quality of life?
We calculate damages by adding up all your economic losses. This includes medical bills, lost wages, and property damage. Then we add compensation for pain and suffering. This is based on the severity of your injuries and how they’ve affected your daily life. Learn more about how much your injury is worth and how personal injury damages are determined.
Will my insurance rates increase if I file a UM claim?
This is a common concern. While you are not at fault for the accident, insurance companies may still adjust your rates. Various factors can influence this decision. It’s advisable to discuss rate implications with your insurance agent before filing a UM claim. Understanding insurance bad faith practices can help you recognize when an insurer is acting improperly.
How long does an uninsured motorist claim take?
The timeline varies depending on the complexity of your case. Simple claims with clear liability and minor injuries might be resolved in a few months. More complex cases take longer. These involve serious injuries, significant damages, or disputes with the insurance company.
If litigation becomes necessary, the process may extend to a year or more. We keep you informed throughout. We work as efficiently as possible to resolve your claim. Our team has extensive experience with car accident settlements and timelines.
Do I need a lawyer for my UM claim?
While you can file a UM claim on your own, having a lawyer significantly improves your chances. Insurance companies have teams of adjusters and lawyers working to minimize payouts. A lawyer levels the playing field. We protect your rights and fight for the full compensation you deserve. Many clients benefit from understanding common car accident claim errors before proceeding.
What if my insurance company denies my claim?
If your insurance company denies your UM claim, you have options. We can file an appeal or request an independent review. We can also pursue litigation. Insurance companies must have valid reasons for denying claims. We can challenge denials that lack merit. Many denied claims are overturned when properly challenged. Learn about filing complaints with the South Dakota Division of Insurance.
Contact Turbak Law Office, P.C. for Your Free Consultation
If you’ve been hit by an uninsured driver in Watertown or anywhere in South Dakota, don’t wait to get legal help. The three-year statute of limitations means you have time. However, the sooner you act, the stronger your case becomes.
Evidence fades as time passes. Witnesses move away. Memories become unclear. Don’t let this happen to your case. Our Watertown car accident lawyers are ready to help.
Turbak Law Office, P.C. is ready to fight for you. Call 605-886-8361 today to schedule your free consultation. We’ll review your case and answer your questions. We’ll explain your options at no cost to you.
We work on a contingency fee basis. You don’t pay anything unless we recover compensation for you. Let us help you get back on your feet after your accident.