South Dakota · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in South Dakota: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Failing to keep insurance (or another form of financial responsibility) is a Class 2 misdemeanor (SDCL § 32-35-113). Required: uninsured (including hit-and-run) and underinsured motorist coverage equal to your bodily injury limits, up to 100/300 unless you buy more.

Uninsured motorist (UM) coverage
Required
Minimum liability
25/50/25
Insurance system
Fault (tort)

Uninsured motorist coverage in South Dakota

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.
Liability minimum
25/50/25
Official text
Read the official text

Compare every state in the minimum insurance table.

If the other driver has no insurance in South Dakota

  • 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).

State forms and programs in South Dakota

  • Failing to keep insurance (or another form of financial responsibility) is a Class 2 misdemeanor (SDCL § 32-35-113).

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.

Claiming from the uninsured driver in South Dakota

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

Step by step if an uninsured driver hits you in South Dakota

  1. Report the crash to 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. Reporting a crash in South Dakota and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in South Dakota it is required.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 6 years for property damage and 3 years for injury. Deadlines to sue in South Dakota, with the calculator

Free help in South Dakota

Questions about uninsured drivers in South Dakota

Is uninsured motorist coverage required in South Dakota?

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

What can I do if an uninsured driver hits me in South Dakota?

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). Failing to keep insurance (or another form of financial responsibility) is a Class 2 misdemeanor (SDCL § 32-35-113).

What is the minimum car insurance in South Dakota?

25/50/25

How long do I have to sue an uninsured driver in South Dakota?

6 years for property damage and 3 years for injury.

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.

More for South Dakota drivers

Nearby states

Sources

Last checked: Oct 24, 2026.