Short answer: South Dakota requires liability limits of $25,000 per person, $50,000 per accident and $25,000 for property damage. Uninsured and underinsured motorist coverage must equal your bodily injury limits, up to $100,000/$300,000. Driving without financial responsibility is a Class 2 misdemeanor, punishable by up to 30 days in jail, a $500 fine, or both.
What every policy must contain
| Coverage | South Dakota rule | Statute |
|---|---|---|
| Bodily injury liability | $25,000 per person / $50,000 per accident | SDCL 32-35-70 |
| Property damage liability | $25,000 | SDCL 32-35-70 |
| Uninsured and hit-and-run motorist | Equal to your bodily injury limits, required up to 100/300 | SDCL 58-11-9 |
| Underinsured motorist | Equal to your bodily injury limits, required up to 100/300 | SDCL 58-11-9.4 |
The matching rule is the key difference from a bare-minimum state. If you buy 100/300 liability, your UM and UIM rise to 100/300 automatically. Insurers aren't required to go above 100/300 for UM unless you ask for more.
How underinsured coverage pays
SDCL 58-11-9.5 is worth reading before a claim. Your UIM pays when your damages exceed the at-fault driver's policy limits, but the coverage is limited to your UIM limit minus what the other driver's liability insurer paid.
Example: you carry $100,000 of UIM and the at-fault driver's insurer pays its $25,000 limit. Your UIM can pay up to $75,000 more, not $100,000. That offset structure is one reason to choose higher limits.
Two exclusions the statute allows
SDCL 32-35-70 permits two things that surprise people:
- Parked-vehicle exclusion. A policy can exclude liability coverage if the policyholder certifies in writing that the vehicle won't be driven during the policy period, useful for a stored car.
- Household exclusion. A policy may exclude or limit coverage for a relative living in the named insured's household. Check your policy language if family members ride with you.
Other ways to show financial responsibility
SDCL 32-35-113 requires every driver or owner to keep one of these in force at all times:
- An owner's liability policy meeting 32-35-70.
- A bond.
- A certificate of deposit of money or securities, in the amount of $50,000.
- A certificate of self-insurance, with an agreement to pay what an insurer would have.
Penalty and how to beat a ticket you shouldn't have gotten
Failure to maintain financial responsibility is a Class 2 misdemeanor under 32-35-113. SDCL 22-6-2 sets the maximum for that class at 30 days in county jail, a $500 fine, or both, and the court must also order restitution to any victim.
When are you asked? Under SDCL 32-35-114, an officer may request proof as a secondary action when you're detained for a suspected violation of Title 32 or another offense.
If you were insured but couldn't show it, SDCL 32-35-117 lets you appear before the magistrate named on the citation, or mail in written evidence, showing you were covered when cited. Acceptable proof leads to dismissal.
South Dakota's "slight" negligence rule
Most comparative fault states use a percentage line. South Dakota doesn't. Under SDCL 20-9-2, your own negligence doesn't bar recovery only when it was slight in comparison with the defendant's. If it was, your damages are reduced in proportion to your share.
The statute also says the "slight" determination is made without disclosing percentages of fault through special interrogatories. That can be a tough standard for a driver who shares meaningful blame.
This is why your own coverages matter. Collision pays for your car regardless of fault, and medical payments coverage, if you add it, helps with your own bills.
Building a South Dakota policy
- Raise liability, and UM and UIM rise with it.
- Add collision and comprehensive on financed or valuable vehicles.
- Review the household exclusion if relatives live with you.
- Use the parked-vehicle certification for stored cars instead of canceling outright.
Bottom line
South Dakota pairs 25/50/25 with UM and UIM tied to your liability limits, and its "slight negligence" rule makes fault disputes high-stakes. Compare with our car insurance minimums by state.
Contact Alishahi Insurance or call (877) 711-4545. Visit insurance in South Dakota and auto insurance.
Frequently asked questions
What is the minimum car insurance in South Dakota?
$25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage, with UM and UIM matching your bodily injury limits.
Is underinsured motorist coverage required in South Dakota?
Yes. It must equal your bodily injury limits, up to $100,000/$300,000.
What is the penalty for no insurance in South Dakota?
It's a Class 2 misdemeanor, punishable by up to 30 days in jail, a $500 fine, or both.
Can a South Dakota no-insurance ticket be dismissed?
Yes, if you show the magistrate, in person or by mail, written proof you were covered when cited.
What is South Dakota's comparative negligence rule?
You can recover only if your negligence was slight compared with the defendant's, and your damages are reduced by your share.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.