Is South Dakota a no-fault state?

No. South Dakota is an at-fault state. The driver who causes a crash, through their liability insurance, pays for the injuries they cause to others.

Last checked November 9, 2026 · Official sources (4)

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Outline map of South Dakota
South Dakota. Map source: U.S. Census Bureau.

How does South Dakota car insurance work?

“This coverage protects you against a claim which is made by someone who has been injured in an auto accident for which you are liable”

South Dakota Division of Insurance

What is South Dakota's minimum car insurance?

CoverageWhat South Dakota requires
Injury to one person$25,000
Injuries in one crash$50,000
Damage to property$25,000
Uninsured motoristEvery South Dakota auto policy must include uninsured motorist coverage. It pays for injuries caused by an uninsured or hit-and-run driver.

Does South Dakota use comparative negligence?

If you were partly at fault, you can recover only if your fault was slight compared with the other driver's, and your award is reduced by your share.

Other at-fault states

Questions

How much insurance does South Dakota require?

Owner policies must cover at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage.

What if you were partly at fault in South Dakota?

You can still recover only if your own carelessness was slight compared with the other driver's, and your money is cut by your share.

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Sources (4)

  1. South Dakota Division of Insurance, checked 2026-11-09. “This coverage protects you against a claim which is made by someone who has been injured in an auto accident for which you are liable”
  2. South Dakota Legislature, SDCL 32-35-70, checked 2026-11-09. “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”
  3. South Dakota Division of Insurance, checked 2026-11-09. “Uninsured motorist coverage is required for all policies. It pays you, resident members of your family and occupants of your auto for personal injuries caused by an uninsured motorist or a hit and run driver.”
  4. South Dakota Legislature, SDCL 20-9-2, checked 2026-11-09. “does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence”

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