South Dakota's Motor Vehicle Accident Laws

Insurance System & Requirements

System type: South Dakota operates under a fault-based insurance system. This means that the driver responsible for causing an accident is liable for the resulting damages. In such a system, the at-fault driver's insurance typically covers the costs associated with the accident.

Minimum liability required: To legally operate a vehicle in South Dakota, drivers must carry liability insurance with at least the following coverage limits:

• Bodily injury liability: $25,000 per person or $50,000 per accident
• Property damage liability: $25,000 per accident

Uninsured/Underinsured motorist coverage: South Dakota requires uninsured (UM) and underinsured (UIM) motorist coverage in all auto insurance policies.

• Minimum coverage required: Equal to your liability insurance requirements, meaning  $25,000 per person or $50,000 per accident
• Maximum coverage limit: $100,000 per person and $300,000 per accident, unless requested by you
• No stacking: You can’t combine UM/UIM limits across multiple vehicles
• If two at-fault drivers (one uninsured, one underinsured) are involved, you can claim under both UM and UIM

Optional coverages: In addition to the required liability insurance, drivers in South Dakota can purchase optional coverages for added protection:

• Collision coverage: This covers damage to your vehicle if it collides with another car or object.
• Comprehensive coverage: Covers non-collision damage, such as theft, fire, vandalism, hail, flooding, and animal collisions
• Medical Payments (MedPay) coverage: Pays for medical or funeral expenses for you and your passengers, even if you were a pedestrian when struck
• Rental reimbursement: This covers renting a car while your vehicle is being repaired after a covered loss
• Towing and emergency roadside assistance: Covers towing costs or roadside assistance if your vehicle breaks down

Rideshare insurance requirements: Rideshare drivers in South Dakota must have specific insurance coverage that recognizes their role as TNC drivers. The required coverage depends on whether the driver is logged into the app or actively transporting a passenger.

• When logged into the app: 
  • $50,000 per person for bodily injury
  • $100,000 per accident for bodily injury
  • $25,000 per accident for property damage
  • UM/UIM coverage
• During a prearranged ride:
  • $1 million in liability coverage for bodily injury and property damage
  • UM/UIM coverage

Penalties for non-compliance: Driving without insurance in South Dakota is a Class 2 misdemeanor, punishable by

• Up to 30 days in jail, or a fine of $500, or both
• License suspension for 30 days

To reinstate your license, you must file for proof of insurance (SR-22 form) for three years and pay reinstatement fees between $50 and $200 plus a $28 application fee.

Fault & Negligence Laws

Negligence type 

South Dakota follows a "slight-gross" comparative negligence rule. This means:

• A plaintiff can recover damages only if their negligence is considered "slight" compared to the defendant's "gross" negligence
• If the plaintiff’s fault is more than slight, they cannot recover damages
• If they are slightly at fault, their compensation is reduced in proportion to their level of fault

Multi-vehicle collisions

In multi-vehicle accidents, South Dakota applies the joint tort-feasor rule, meaning:

• Multiple drivers can share fault, but a defendant less than 50% at fault cannot be held responsible for more than twice their share of the damages
• Courts determine each driver’s percentage of fault, which affects how damages are split

Passenger rights

Passengers in an accident can file a claim or lawsuit against the at-fault driver or drivers and recover damages unless found “more than slightly” negligent. 

Statute of Limitations

South Dakota law sets strict time limits for filing accident-related lawsuits:

• Personal injury: Three years from the accident date
• Wrongful death: Three years from the date of death
• Property damage: Six years from when the damage occurred or was discovered
• Claims against the government: One year to file a claim against a government agency or employee

Exceptions to the rule: 

• If the at-fault party leaves the state, the clock pauses until they return
• If the injured person is a minor or mentally ill, the filing period may be extended, but no more than 5 years, except for infancy

Procedures for MVAs & Police Involvement

When to file a report

Drivers must report an accident immediately if it involves:

• Injury or death
• Property damage over $1,000 to one person’s property or $2,000 total

Filing a report

If the accident fits the above criteria, you must contact the nearest law enforcement agency "by the quickest means of communication." This typically involves calling 911 immediately after the accident. Law enforcement officers will respond to the scene, conduct an investigation, and document the incident

In the case of minor accidents, accidents involving unattended vehicles, or those occurring on private property, it is required to exchange information, but it is also recommended to call the police.

Accessing accident reports

If you reported a crash that meets the criteria and need a copy of a crash report, you can get it online or by mail.

Online: If the report is available for purchase at the Office of Accident Records, you can download it immediately on their website. The costs for a report include a $4 report fee plus a $6 convenience fee

By mail: If you prefer to request a report by mail, you must:

• Download and complete the official mail-in form
• Include a $4 fee using cash, check, or money order
• Send your request to:

South Dakota Department of Public Safety
118 West Capitol Avenue
Pierre, SD 57501

Types of Compensation Available & Their Limits

Economic damages: These compensate for financial losses directly caused by the accident. They include medical bills, lost wages from missing work, and the cost of repairing or replacing damaged property.

Non-economic damages: These cover intangible losses such as physical pain, emotional distress, and reduced quality of life. Victims may also receive compensation for loss of enjoyment of daily activities and the emotional toll of permanent injuries.

Punitive damages: These are awarded in rare cases where the at-fault driver acted with extreme negligence or intentional misconduct. They are meant to punish reckless behavior and discourage similar actions in the future.

Damage caps: South Dakota does not limit the amount a victim can recover in personal injury cases. This means there are no legal restrictions on economic or non-economic compensation.

Medical Payments & Health Coverage

At-fault driver’s insurance: If another driver caused the accident, their liability insurance should cover your medical bills up to their policy limits.

Your health insurance: If the at-fault driver’s insurance is delayed or insufficient, your health insurance can cover treatment costs, but co-pays and deductibles may apply.

UM/UIM coverage: If the at-fault driver has insufficient or no insurance, your UM/UIM policy can help pay for medical expenses.

MedPay coverage: This optional no-fault coverage pays for your medical bills, regardless of who caused the accident. It can also cover passenger and pedestrian injuries.

Out-of-pocket payments: If no other coverage applies, you may need to pay medical bills yourself, which can be costly without financial assistance.

Medical liens: If you received treatment before settlement or compensation, some healthcare providers delay billing you and instead file a lien against your potential settlement, meaning they get paid when you receive compensation.

Subrogation: If your health insurance or MedPay covers your expenses, they may seek reimbursement from the at-fault driver's insurance once you receive a settlement.

Unique Local Considerations

Weather conditions: South Dakota’s continental climate brings extreme weather conditions that can increase accident risks.

• Dry summers: Temperatures can exceed 100°F (38°C), leading to heat-related fatigue and tire blowouts
• Severe thunderstorms: Common in summer, often bringing high winds, hail, and flash floods, reducing visibility and road traction
• Tornadoes: The eastern part of the state is in Tornado Alley, where around 30 tornadoes occur annually, which can create hazardous driving conditions
• Harsh winters: Blizzards, ice storms, and freezing temperatures can cause slippery roads, reduced visibility, and vehicle malfunctions

Wildlife collisions: The state is home to abundant wildlife, and animal crossings are common, especially during dawn and dusk. Collisions with deer and other animals can cause significant vehicle damage and personal injury. Staying vigilant, using high-beam headlights when appropriate, and being cautious in areas marked with wildlife crossing signs can reduce risks.

Use the SD511 website or application for real-time updates on road conditions, traffic accidents, and weather conditions. 

Local Resources & Contacts

South Dakota Department of Public Safety (DPS): https://dps.sd.gov/

South Dakota Department of Transportation: https://dot.sd.gov/ 

South Dakota Highway Patrol: https://dps.sd.gov/safety-enforcement/highway-patrol 

South Dakota Division of Insurance: https://dlr.sd.gov/insurance/