Hill Side Body
Know Your Rights After an Accident
Hill Side Body fights for the repair you deserve - not the repair the insurer wants to pay for. We handle insurance so you can focus on getting back on the road.
South Dakota Law
Your rights are protected by law.
Insurance companies push shortcuts. We push back. Here's what you need to know about your rights as a vehicle owner in South Dakota.
You Choose Your Shop
South Dakota law prohibits insurers from requiring repairs at any particular shop. The choice is 100% yours.
No Multiple Estimates Required
There's no state law requiring two or three estimates. One thorough estimate from your chosen shop is enough.
Written Disclosure on Parts
If an estimate includes aftermarket parts, it must be clearly identified in writing. You have the right to know.
Supplements for Hidden Damage
If additional damage is found during repairs, we submit supplements to ensure everything is properly fixed.
Watch Out
Beware of insurance steering tactics.
Steering is when an insurer pushes you to use their recommended shop. It's illegal in South Dakota, but it still happens in subtle ways.
How to resist: Simply say, "Thank you, but I've chosen my repair facility." You don't owe an explanation. If they persist, mention that South Dakota law protects your choice of shop.
Choose Hill Side BodyRed Flag Phrases
- "We really need you to use XYZ shop"
- "We won't warranty the work if you go elsewhere"
- "Other shops will charge you extra"
- "Your claim might take longer if you don't use our shop"
These statements are designed to scare you into compliance. Don't fall for them.
Parts Matter
OEM vs. Aftermarket: Know the difference.
Insurance companies often push aftermarket parts to save money. Understanding your options helps you make the right choice for your vehicle.
Original Equipment
OEM Parts
- Made by your vehicle's manufacturer
- Exact specifications, fit, and materials
- Maintains safety standards
- Preserves resale value
Hill Side Body always strives to use OEM or equivalent quality parts.
Third-Party
Aftermarket Parts
- Made by third-party companies
- Usually 30-50% cheaper
- May not fit as precisely
- Variable quality levels
Your options: You can insist on certified aftermarket parts, argue for OEM on safety-critical components, or pay the cost difference for OEM. We'll advocate for the best parts and keep you informed every step of the way.
Total Loss
Understanding when a car is totaled.
Sometimes repair costs are too high relative to your car's value. Here's how it works in South Dakota.
South Dakota uses a Total Loss Formula: if repair cost + salvage value approaches the car's actual cash value, it's declared totaled. A common threshold is around 75%.
You can negotiate the valuation using Kelley Blue Book, NADA, or local listings. You can also choose to keep your vehicle (they'll pay ACV minus salvage value).
Example Calculation
Hidden Costs
Diminished value: Claim your loss.
Even after perfect repairs, your car may be worth less due to accident history. You might be entitled to compensation.
If another driver was at fault, you can pursue a diminished value claim against their insurance in South Dakota. This compensates you for the drop in resale value.
Example: Your 2-year-old SUV worth $30,000 pre-accident might only fetch $26,000 after repairs due to history. That $4,000 gap is your diminished value.
South Dakota has a 6-year statute of limitations for property damage claims, including diminished value.
Key Points
- Only available for third-party claims (other driver at fault)
- Claim after repairs are completed
- Get a professional appraisal for documentation
- Insurers won't volunteer this - you must ask
Be Prepared
Post-accident checklist.
It's hard to think straight after a crash. Follow these steps to protect yourself and your claim.
Ensure Safety
Check for injuries and call 911 if needed. Move vehicles if safe, turn on hazards.
Don't Admit Fault
Be courteous but don't apologize or say "it was my fault." Stick to checking everyone's safety.
Call Police
Get an official report for any injury or damage over $1,000. This documentation helps your claim.
Exchange Info
Get names, phone numbers, insurance info, policy numbers, and license plates. Photo their insurance card.
Document Everything
Take 20-30 photos: all damage, vehicle positions, skid marks, debris, road signs, and license plates.
Get Witnesses
Collect names and phone numbers from any bystanders. Witness statements can be crucial.
Write Your Account
Note directions, speeds, weather, road conditions, and sequence of events while fresh.
Contact Insurance
Notify your insurer promptly. Even if not at fault, let them know for the record.
Pro Tip: Keep this checklist in your glovebox. In the stress of an accident, having a reference guide can be invaluable. Hill Side Body can help with towing, rentals, and the entire claims process.
Claim Strategy
Insurance claim do's and don'ts.
Navigating insurance can be intimidating. Follow these guidelines to protect your interests.
Do
- Notify your insurer promptly while details are fresh
- Have your policy number and accident info ready
- Stick to facts - it's okay to say "I'm not sure"
- Keep a diary of all communications with dates and names
- Confirm important conversations in writing (email)
- Let Hill Side Body handle technical discussions with adjusters
Don't
- Don't admit fault or say "I should have..."
- Don't give a recorded statement to the other party's insurer without advice
- Don't accept a quick settlement before all damage is assessed
- Don't let insurers dictate incomplete repairs
- Don't feel pressured to use a "preferred" shop
- Don't sign anything you don't fully understand
FAQ
Frequently asked questions.
Get answers to the most common questions about insurance claims and repairs.
Can I choose my own repair shop?+
Absolutely. South Dakota law protects your right to choose any repair shop. Insurance companies cannot force you to use their "network" shops. Any attempt to pressure you is called "steering" and is considered an unfair practice.
Do I really need multiple estimates?+
No. There's no state law requiring multiple estimates in South Dakota. One thorough estimate from your chosen shop is enough. Don't let an adjuster force you to drive around town - it's your time and your choice.
What if insurance wants aftermarket parts?+
Most policies allow aftermarket parts to save money. However, you can insist on certified parts, argue for OEM on safety-critical components, or pay the difference for OEM. We'll advocate for the best parts and inform you of all options.
What is diminished value and can I claim it?+
Diminished value is the loss in your car's resale value after an accident, even with perfect repairs. If another driver was at fault, you can pursue a diminished value claim against their insurance in South Dakota.
How do I know if my car is totaled?+
In South Dakota, insurers use a formula: if repair cost plus salvage value approaches the car's actual cash value, it's totaled. A common threshold is around 75% of the car's value. You can negotiate the valuation and even keep the vehicle if you choose.
How do you ensure my car is truly restored?+
We perform comprehensive inspections, follow manufacturer repair procedures, use quality parts, and conduct thorough quality control including test drives. We stand behind our work - ask us about warranty details.
Your Advocate
Hill Side Body fights for you.
We work for you, not the insurance company. Here's how we have your back.
- We handle insurance communications - from claims to supplements, we speak their language
- No insurance contracts - we stay independent so our only loyalty is to you
- Full, safe repairs - we don't cut corners, and we catch hidden damage
- We stand behind our work - quality repairs you can count on
Contact Us
(605) 275-6910
404 S Ellis Rd
Sioux Falls, SD 57106