South Dakota · Comparative fault · Updated Oct 2026

Comparative fault in South Dakota: who pays when both drivers share the blame

How the slight/gross negligence rule works in South Dakota, the law behind it and how insurers apply it.

Short answer

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.

Rule
Slight/gross negligence
You recover nothing at
Fault that is more than slight
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.)
Insurance system
Fault (tort)

Insurance and small claims in South Dakota

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.

Small claims limit for car damage in South Dakota: $12,000. South Dakota small claims guide on Small Claims Map

How fast an insurer must handle a claim in South Dakota

  • 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.

More facts for South Dakota

  • Insurers may not apply comparative or contributory negligence to your claim just because you were at the scene (Division of Insurance).
  • 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).

If the insurer says you were partly at fault

  1. Get the police report. Crash reports are public records in South Dakota (SDCL § 32-34-13). Reporting a crash in South Dakota and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to South Dakota Division of Insurance.
  4. Sue before the deadline: 6 years for property damage and 3 years for injury. Deadlines to sue in South Dakota, with the calculator

Who pays in South Dakota: fault and payout explainer

Slight/gross negligence ruleIn 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.

Free help in South Dakota

Questions about comparative fault in South Dakota

Is South Dakota a comparative negligence state?

Yes, but with a slight/gross negligence rule instead of a percentage. 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.)

Where can I complain if an insurer blames me unfairly in South Dakota?

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

How fast must an insurer handle a car insurance claim in South Dakota?

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.

How do I get 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).

More for South Dakota drivers

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Sources

Last checked: Oct 24, 2026.