South Dakota Car Accident Laws | Accident Claim Map

At the scene and reporting a crash in South Dakota

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police: Notify the nearest law enforcement officer right away, by the quickest means, if anyone is hurt or killed, or damage looks like $1,000 or more to any one person's property or $2,000 for the whole crash. Not doing so is a Class 2 misdemeanor.
Damage amount: $1,000
Report to the state: No separate driver report to a state agency was found; the investigating officer's report goes to the Department of Public Safety.
Law: SDCL § 32-34-7
Official text: Read the official text

First 24 hours after a crash in South Dakota

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in South Dakota

South Dakota is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System: Fault (tort)
PIP, benefits and when you can sue: No PIP required. South Dakota is a fault (tort) state: the driver who caused the crash, and their liability insurer, pays for other people's injuries and damage. Medical payments coverage is optional.
Law: SDCL § 32-35-70; South Dakota Division of Insurance auto guidance
Official text: Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in South Dakota

Rule: Slight/gross negligence
What it means: In South Dakota, you can recover only if your fault was “slight” compared with the other driver's, and then your damages are reduced. The law sets no fixed percentage, so we don't compute an amount.
Law: SDCL § 20-9-2 (your own negligence does not bar recovery if it was 'slight' compared with the other driver's; your damages are then reduced by your share. If your negligence was more than slight, you recover nothing. This is not a fixed 50% or 51% rule, and it is not pure contributory negligence.)

Compare every state's rule in the comparative negligence table.

Who pays in South Dakota: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in South Dakota

Liability minimum: 25/50/25
Uninsured / underinsured motorist (UM/UIM): Required: uninsured (including hit-and-run) and underinsured motorist coverage equal to your bodily injury limits, up to 100/300 unless you buy more.
Official text: Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in South Dakota

Crash reports are public records in South Dakota (SDCL § 32-34-13). Buy a state crash report from the SD Office of Accident Records (https://www.safesd.gov/). Fees: $4 to locate and provide the report, plus a $6 convenience fee online (card); by mail with the mail-in form, pay by cash, check or money order. You need at least two of: crash date, driver's last name, county. Reports may not be available until 10 days after the crash, for crashes on private property, or below $1,000 damage to one person's property / $2,000 total. County or city police may charge $4 per copy (SDCL § 32-34-13.1).

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in South Dakota

How fast insurers must act: In dealing with you as their own policyholder, it is an unfair practice for an insurer to fail to acknowledge and act within 30 days on communications about a claim, or to fail to adopt reasonable standards for prompt investigation (SDCL § 58-33-67(1)). No specific payment deadline for third-party claims was found.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in South Dakota

Failing to keep insurance (or another form of financial responsibility) is a Class 2 misdemeanor (SDCL § 32-35-113). Every South Dakota policy includes uninsured and underinsured motorist coverage for injuries, so you can claim from your own insurer; it does not cover damage to your car (use collision or sue the driver).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in South Dakota

Property damage (your car): 6 years
Injury: 3 years
Notes, including claims against a government: To sue the state or a local government, give written notice of the time, place and cause of the injury within 180 days (SDCL § 3-21-2).
Law: SDCL § 15-2-13(4) (injuring goods or chattels, 6 years); § 15-2-14(3) (personal injury, 3 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in South Dakota

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in South Dakota

Small claims limit: $12,000.

South Dakota small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in South Dakota

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

South Dakota Division of Insurance · 605-773-3563

Free help in South Dakota

Good to know in South Dakota

Insurers may not apply comparative or contributory negligence to your claim just because you were at the scene (Division of Insurance).
When you claim under your own policy, the insurer cannot require repairs at a particular shop as a condition of paying (SDCL § 58-33-67(5)).
South Dakota uses the 'slight negligence' rule: if your fault is more than slight compared with the other driver's, you may recover nothing (SDCL § 20-9-2).

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in South Dakota

When do you have to report a car accident in South Dakota?

Notify the nearest law enforcement officer right away, by the quickest means, if anyone is hurt or killed, or damage looks like $1,000 or more to any one person's property or $2,000 for the whole crash. Not doing so is a Class 2 misdemeanor. No separate driver report to a state agency was found; the investigating officer's report goes to the Department of Public Safety.

Is South Dakota a no-fault state?

No. South Dakota is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

Can I get money if I was partly at fault in South Dakota?

In South Dakota, you can recover only if your fault was “slight” compared with the other driver's, and then your damages are reduced. The law sets no fixed percentage, so we don't compute an amount.

What is the minimum car insurance in South Dakota?

25/50/25 Required: uninsured (including hit-and-run) and underinsured motorist coverage equal to your bodily injury limits, up to 100/300 unless you buy more.

How long do you have to sue after a car accident in South Dakota?

6 years for property damage and 3 years for injury (SDCL § 15-2-13(4) (injuring goods or chattels, 6 years); § 15-2-14(3) (personal injury, 3 years)).

How do I get a police report in South Dakota?

Crash reports are public records in South Dakota (SDCL § 32-34-13). Buy a state crash report from the SD Office of Accident Records (https://www.safesd.gov/). Fees: $4 to locate and provide the report, plus a $6 convenience fee online (card); by mail with the mail-in form, pay by cash, check or money order. You need at least two of: crash date, driver's last name, county. Reports may not be available until 10 days after the crash, for crashes on private property, or below $1,000 damage to one person's property / $2,000 total. County or city police may charge $4 per copy (SDCL § 32-34-13.1).

What if the other driver has no insurance in South Dakota?

Failing to keep insurance (or another form of financial responsibility) is a Class 2 misdemeanor (SDCL § 32-35-113). Every South Dakota policy includes uninsured and underinsured motorist coverage for injuries, so you can claim from your own insurer; it does not cover damage to your car (use collision or sue the driver).

Where can I complain about a car insurance company in South Dakota?

South Dakota Division of Insurance: https://dlr.sd.gov/insurance/doi_complaint.aspx · 605-773-3563

Sources

Last checked: Oct 24, 2026.

Car accidents in South Dakota: what to do and who pays