Clients often bring us insurance-related problems that end up having more to do with the quality of the insurance product than with an insurance company misapplying its own policy provisions or not paying claims under a policy. Whether the policy does not cover a lot because the “grant of coverage” is narrow or there are exclusions that take away most of what the grant of coverage does allow, the … [Read more...] about Sucker Buys: Know What You Are Buying
The Collateral Source Rule as Compared to the Evidentiary
We have previously written about how evidence of liability insurance is excluded from most civil jury trials. However, there is another exclusion in South Dakota law for other types of insurance that can apply to your personal injury claim. If you choose, you can exclude evidence of health insurance, Medicare, or other help you have received after an injury. For example, let us say that a child … [Read more...] about The Collateral Source Rule as Compared to the Evidentiary
Property Damage as Compared to Injuries
“My car was not damaged, but I still hurt almost every day.” We at Turbak Law Office hear this often. And in other instances, vehicles are totaled, and everyone walks away and is at work in a few days. Yet many people think that low property damage means no injury. Nothing could be further from the truth. In fact, hundreds of thousands of people sustain neck, back, and brain injuries every year … [Read more...] about Property Damage as Compared to Injuries
What Kind of Injuries Qualify You for Permanent Partial Disability?
On-the-job injury is often difficult territory to navigate. When you are hurt at work, you have certain rights and protections under the law. No matter the severity of your injury, you may be entitled to a variety of benefits. … [Read more...] about What Kind of Injuries Qualify You for Permanent Partial Disability?
Filing a Claim Against Your Insurance Company with the South Dakota Division of Insurance
Many insurance companies deny claims, yet you dutifully met your end of the deal. In the event of loss, you are required to provide the necessary documentation to prove the legitimacy of your loss. On the other hand, your insurer is expected to conduct a full investigation of the claim promptly, then make a reasonable settlement. Unfortunately, some insurance companies will resort to all manner … [Read more...] about Filing a Claim Against Your Insurance Company with the South Dakota Division of Insurance
Why Do Insurance Companies Deny Claims?
Sometimes insurance companies deny claims for legitimate reasons and can be a symptom of a policy holder breaching terms or not understanding the insurance policy they hold. But sometimes legitimate claims are denied when your insurance company knowingly decides to act in bad faith. This can happen when an insurance company uses particular loopholes to get out of paying. Use this guide to … [Read more...] about Why Do Insurance Companies Deny Claims?
The Basics of the Unfair Trade Practices Act
When a business uses unfair or deceptive means to sell you something, or to profit unfairly from your business it is not just an inconvenience: it may actually be a violation of law. Such misleading business practices, often referred to as unfair trade practices, can be especially harmful when they are performed by insurance companies acting in bad faith. If you have been a victim of unfair trade … [Read more...] about The Basics of the Unfair Trade Practices Act
Do I Need to See a Doctor after a Car Accident Even If I Don’t Feel Hurt?
If you have come out of a car accident “scratchless,” you may not feel the need to visit a doctor. If you do not find any visible injuries, lacerations or blood, you may think everything is alright. However, this may not always be the case. Internal injuries, such as whiplash, internal bleeding, traumatic brain injuries, or battered organs, can result from even minor vehicle accidents. Without … [Read more...] about Do I Need to See a Doctor after a Car Accident Even If I Don’t Feel Hurt?
What Do I Do After a Car Accident That Wasn’t My Fault?
Car accidents are common occurrences, and distracted drivers, poor road signage, dangerous driving conditions, or reckless driving may lead to your involvement in a collision that someone else caused. Whatever the reason, if you have been in an accident and it was not your fault, there are important steps that you should take to protect yourself and your rights. What to do at the scene of the … [Read more...] about What Do I Do After a Car Accident That Wasn’t My Fault?
How to Respond When Your Insurance Company Denies Your Claim
Insurance is a contract between two parties, each with responsibilities. As the insured, you are responsible for paying insurance premiums as agreed, while your insurer is responsible for honoring the terms of your policy when a legitimate claim is made. Unfortunately, this is not always what happens when you file a claim with an insurance company. … [Read more...] about How to Respond When Your Insurance Company Denies Your Claim
