What to do after a car accident in South Dakota

Every rule below is quoted from South Dakota law or a state agency, with a link. Checked September 17, 2026.

At fault state

South Dakota · At fault3 yearsto sue for injuries

The short answer

South Dakota is an at-fault state. The driver who causes a crash is responsible for the other person's injuries and damage, and injured people can sue for negligence. A driver must immediately notify the nearest law enforcement officer if a crash injures or kills someone, or causes at least $1,000 in damage to one person's property or $2,000 total. You have 3 years from the crash to sue over your injuries.

Deadlines in South Dakota

3 years
to sue for injuriesSDCL 15-2-14(3)
6 years
to sue for car or property damageSDCL 15-2-13(4)
3 years
for a family to sue after a deathSDCL 21-5-3
180 days
to notify the government if a public vehicle or road was involvedSDCL 3-21-2

Miss one of these and you can lose the right to claim, even with a strong case.

At the scene

Stop, share your information and help anyone hurt

A driver in a crash that injures, kills, or damages property must stop right away, give their name, address, and the vehicle owner's name and license plate number, and help anyone hurt, including getting them to a doctor if needed.

“The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance”

SDCL 32-34-3

When you must call the police

A driver must immediately notify the nearest law enforcement officer if a crash injures or kills someone, or causes at least $1,000 in damage to one person's property or $2,000 total.

“The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickest means of communication, give notice of the accident to the nearest available law enforcement officer who has jurisdiction.”

SDCL 32-34-7

In the days after

Whether you must file a report yourself

South Dakota does not require the driver to separately file a written crash report with the state. After a driver reports a qualifying crash to police, the investigating officer sends a report to the Department of Public Safety within 3 days of finishing the investigation.

“The law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall forward to the Department of Public Safety, within three days after completion of the investigation of the accident, an investigator's report of the accident so reported.”

SDCL 32-34-10

Getting a copy of the crash report

South Dakota crash reports are not confidential. The Department of Public Safety charges $4 to search for and locate a report, with no extra charge once it is found. County and city police can also charge $4 per copy. The statute does not name a specific online portal or wait time.

“The secretary of public safety shall collect four dollars for each request to locate a report on file. The secretary shall furnish to any person requesting a search, at no additional cost, any report located by the search.”

SDCL 32-34-13, 32-34-13.1

Full crash report guide for South Dakota

Who pays for the damage

South Dakota is an at-fault state. The driver who causes a crash is responsible for the other person's injuries and damage, and injured people can sue for negligence.

“the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant”

SDCL 20-9-2; SDCL 58-23-7

Insurance rules in South Dakota

What insurance every driver must carry

South Dakota drivers must carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $25,000 in property damage coverage.

“twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any one accident”

SDCL 32-35-70

Personal injury protection (PIP)

South Dakota does not require drivers to carry personal injury protection. Insurers must only offer a small package of accident, disability, and medical benefits, which the driver can decline.

“No application for an automobile liability policy may be taken with respect to any automobile registered or principally garaged in this state unless the supplemental coverages set forth in § 58-23-8 are made available to the named insured.”

SDCL 58-23-7, 58-23-8

If the other driver has no insurance

South Dakota auto policies must automatically include both uninsured and underinsured motorist coverage, up to $100,000 per person and $300,000 per accident, unless the driver asks for more. Government owned vehicles do not have to carry this coverage.

“the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured”

SDCL 58-11-9 (uninsured), 58-11-9.4 (underinsured)

Medical payments coverage

South Dakota does not require medical payments coverage on its own, but insurers must offer a supplemental package that includes at least $2,000 in medical expense coverage per injured person, along with small accidental death and disability benefits. Drivers can decline it.

“Indemnity to the named insured and to any other insured, irrespective of legal liability, for medical expenses in an aggregate amount of at least two thousand dollars for each such injured person”

SDCL 58-23-7, 58-23-8

If an insurance company treats you unfairly

You can file a complaint against an insurance company with the South Dakota Division of Insurance online or by phone, after first trying to resolve the problem directly with the company.

“Many complaints can be resolved by talking to them about your issue.”

SD Division of Insurance, Division of Insurance Complaints

The deadline rules, word for word

Deadline to sue for injuries

You have 3 years from the crash to sue over your injuries.

“An action for personal injury.”

SDCL 15-2-14(3)

Deadline to sue for car damage

You have 6 years from the crash to sue over damage to your vehicle or other property.

“An action for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property”

SDCL 15-2-13(4)

Deadline for a wrongful death claim

A wrongful death lawsuit must be filed within 3 years of the death.

“Every action for wrongful death shall be commenced within three years after the death of such deceased person.”

SDCL 21-5-3

If a government vehicle or road was involved

If a government vehicle or a government road caused the crash, you must give the government written notice of the time, place, and cause of your injury within 180 days.

“No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury.”

SDCL 3-21-2

Sources on this page

Each one was opened and checked on September 17, 2026.

  1. SDCL 20-9-2; SDCL 58-23-7
  2. SDCL 58-23-7, 58-23-8
  3. SDCL 15-2-14(3)
  4. SDCL 15-2-13(4)
  5. SDCL 21-5-3
  6. SDCL 3-21-2
  7. SDCL 32-34-7
  8. SDCL 32-34-10
  9. SDCL 32-35-70
  10. SDCL 58-11-9 (uninsured), 58-11-9.4 (underinsured)
  11. SDCL 58-23-7, 58-23-8
  12. SDCL 32-34-3
  13. SDCL 32-34-13, 32-34-13.1
  14. SD Division of Insurance, Division of Insurance Complaints
  15. South Dakota Rules of Professional Conduct, Rule 1.5, SDCL 16-18 Appx

Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.