Injury · South Dakota
the short answer
You have three years from the day of the crash to file, and no amount of talking to an insurer extends it. You can still recover if your own part in it was slight next to the other driver's, and what you collect is reduced by your share. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
SDCL § 15-2-14(3)
source ↗Not yet checked against the statute.
who pays first
South Dakota is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (SDCL § 32-35-113)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as South Dakota. Compare every state →
your share of the fault
South Dakota applies a comparison no other state uses. You recover only if your own negligence was slight and the other driver's was gross beside it, and what you recover is then reduced in proportion to your share. (SDCL § 20-9-2)
source ↗Not yet checked against the statute.
Across the country. South Dakota is the only one of the 51 states written up that answers this way. Compare every state →
limit
3 years
source ↗Not yet checked against the statute.
Across the country. 18 of the 51 states written up answer this the same way as South Dakota. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
small claims limit
$12,000
source ↗Not yet checked against the statute.
exceptions: The limit does not count allowable costs or attorney's fees.
source ↗Not yet checked against the statute.
also
No other state uses this comparison. "Slight" and "gross" are not percentages and a jury is not given one, which makes the outcome of a South Dakota case with shared blame harder to predict than anywhere else.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in South Dakota. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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