South Dakota uses a unique fault rule: you can recover only if your negligence was 'slight' compared with the other driver's. Long rural drives on I-90, winter whiteouts and the summer Sturgis motorcycle rally around Rapid City bring their own risks.
Is South Dakota a no-fault state?
No — South Dakota is an at-fault state. South Dakota is an at-fault state. The driver who caused the crash — through their liability insurer — is generally responsible for the injured person's losses. You can usually file a claim with that insurer, with your own insurer, or file a lawsuit.
South Dakota does not require PIP.
Learn more in our guide to what a no-fault state is.
How does shared fault work in South Dakota?
South Dakota uses a "slight/gross" negligence comparison. You may recover only if your negligence was slight compared with the other driver's, and your award can be reduced by your share.
For example, if you were found 20% at fault for a crash in South Dakota, your compensation could be reduced by 20%. If your share reached the 51% bar, you could be barred from recovering from the other driver.
Read more: what comparative fault means.
How long do I have to file a car accident claim in South Dakota?
In South Dakota, the general deadline to file a personal injury lawsuit is three years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of South Dakota often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are South Dakota's minimum car insurance requirements?
South Dakota requires drivers to carry at least $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in South Dakota?
Get safe, get medical care and protect your evidence. These steps apply anywhere in South Dakota:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-90 or I-29.
- Call the police and ask how to get the crash report. South Dakota generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent South Dakota attorney before signing any release, keeping the three years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in South Dakota?
Crashes happen everywhere, but traffic is heaviest in and around Sioux Falls, Rapid City, Aberdeen, Brookings and Watertown. Major routes include I-90, I-29, I-229, US-212 and US-14. Our attorney-matching service covers every county in South Dakota.