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South Dakota accident law

South Dakota car accident settlement calculator

South Dakota is an at-fault state that uses slight/gross negligence comparison. You generally have 3 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Injury lawsuit deadline3 yearsSDCL 15-2-14(3); SDCL 15-2-13(4); SDCL 21-5-3; SDCL 3-21-2
Fault ruleSlight/grossSDCL 20-9-2
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/25thousands of dollars

South Dakota settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

South Dakota: Slight/gross negligence comparison, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a South Dakota attorney about your case.

South Dakota filing deadlines

ClaimDeadline
Personal injury lawsuit3 years
Vehicle and property damage6 years
Wrongful death3 years
Notice of a claim against a governmentWritten notice to the public entity within 180 days after the injury (SDCL 3-21-2)
SDCL 15-2-14(3); SDCL 15-2-13(4); SDCL 21-5-3; SDCL 3-21-2. Counted from the accident date in most cases.

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.

  1. South Dakota statute of limitations: SDCL 15-2-14(3); SDCL 15-2-13(4); SDCL 21-5-3; SDCL 3-21-2
  2. South Dakota comparative fault: SDCL 20-9-2
  3. South Dakota insurance system: SDCL 32-35-70 (owner's liability policy)
  4. South Dakota damage caps: SDCL 21-3-11 (medical malpractice only); SDCL 21-3-2 (punitive)