South Dakota · Deadline to sue · Updated Oct 2026

Deadline to sue after a car accident in South Dakota

Time limits, government claims and a calculator.

Short answer

In South Dakota, you generally have 6 years to sue for car damage and 3 years for an injury, counted from the crash. 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).

Property damage (your car)
6 years
Injury
3 years
Law
SDCL § 15-2-13(4) (injuring goods or chattels, 6 years); § 15-2-14(3) (personal injury, 3 years)
Small claims limit
$12,000

Claims against a government in South Dakota

  • 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).

Deadline to sue in South Dakota

South Dakota: 6 years for property damageEnter the date of the crash to see the last day to file a lawsuit.

Protecting your deadline in South Dakota

  1. Your earliest deadline in South Dakota: 3 years.
  2. If a government was involved, act fast. 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).
  3. Small claims, for car damage up to $12,000: South Dakota small claims guide on Small Claims Map
  4. Don't wait for the insurer: talks with an adjuster don't stop the clock.

Free help in South Dakota

Questions about deadlines to sue in South Dakota

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

3 years from the crash (SDCL § 15-2-13(4) (injuring goods or chattels, 6 years); § 15-2-14(3) (personal injury, 3 years)).

How long do you have to sue for car damage after an accident in South Dakota?

6 years from the crash (SDCL § 15-2-13(4) (injuring goods or chattels, 6 years); § 15-2-14(3) (personal injury, 3 years)).

How do claims against a government work in South Dakota?

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).

What is the small claims limit in South Dakota?

$12,000.

More for South Dakota drivers

Nearby states

Sources

Last checked: Oct 24, 2026.