South Dakota filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 3 years |
| Vehicle and property damage | 6 years |
| Wrongful death | 3 years |
| Notice of a claim against a government | Written notice to the public entity within 180 days after the injury (SDCL 3-21-2) |
Property: 15-2-13(4) "An action for taking, detaining, or injuring any goods or chattels" within six years. Wrongful death: 21-5-3 "within three years after the death". Notice:
If you were partly at fault
South Dakota follows slight/gross negligence comparison. You recover only if your negligence was slight and the other side's was gross by comparison, and your damages are reduced for your share.
- With $100,000 in damages and 30% of the fault, you would recover $70,000.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Plaintiff recovers only if his negligence is slight compared with the defendant's; the jury decides without a percentage-of-fault interrogatory.
Source: SDCL 20-9-2. Compare all states in the comparative negligence table.
At-fault (tort) state
In South Dakota the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.
South Dakota requires liability insurance plus UM/UIM; no PIP or no-fault statute requiring personal injury protection was found.
Minimum car insurance in South Dakota
$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is required.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Property damage: twenty-five thousand dollars. UM must be provided in limits equal to the policy's bodily injury coverage (58-11-9,. UIM must be provided at face amount equal to bodily injury limits, up to 100/300.
Damage caps
South Dakota does not cap pain and suffering in ordinary car accident cases.
The SDCL 21-3-11 general damages cap applies only to medical malpractice claims. No general noneconomic damages cap for ordinary negligence or car accident claims.
Dog bite law
One-bite rule (no strict liability statute).
Source: . Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in South Dakota?
3 years from the accident for an injury lawsuit and 6 years for vehicle damage (SDCL 15-2-14(3); SDCL 15-2-13(4); SDCL 21-5-3; SDCL 3-21-2). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is South Dakota a no-fault state?
No. South Dakota is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
What happens if I was partly at fault in South Dakota?
South Dakota follows slight/gross negligence comparison (SDCL 20-9-2). You recover only if your negligence was slight and the other side's was gross by comparison, and your damages are reduced for your share.
What is the minimum car insurance in South Dakota?
$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage (25/50/25). Uninsured motorist coverage is also required.
Does South Dakota cap pain and suffering damages?
Not in ordinary car accident cases. The SDCL 21-3-11 general damages cap applies only to medical malpractice claims. No general noneconomic damages cap for ordinary negligence or car accident claims.
Sources
Checked against official South Dakota sources November 5, 2026.