What Happens If the Person at Fault in an Accident Has No Insurance in South Dakota?

South Dakota follows an at-fault auto insurance system, which is also known as the tort liability model. Under this structure, the driver who causes the crash is responsible for any resulting damages. This typically includes medical expenses, lost income, vehicle repairs, and pain and suffering.

Victims of car accidents in South Dakota usually pursue compensation via a claim against the at-fault driver's insurance policy or via a personal injury lawsuit; the latter is usually when no coverage exists. It is worth noting that although the driver at fault may be sued directly, recovering compensation is generally dependent on whether the individual has sufficient assets to cover the damage. If not, the victims may be left with unpaid medical bills unless they have uninsured motorist(UM) coverage under their own policy.

Driving without insurance is a violation of South Dakota Codified Laws § 32-35-113 and is considered one of the more serious South Dakota traffic violations and infractions. Penalties include license suspension, fines, and the requirement to file proof of financial responsibility through an SR-22 certificate. Uninsured at-fault drivers may also face civil judgments and long-term financial consequences.

Is It Illegal To Drive Without Insurance In South Dakota?

Yes. In South Dakota, it is illegal to drive without insurance. Per South Dakota Codified Laws (SDCL) § 32-35-113, every driver is required to have insurance or equivalent proof of financial coverage in place when operating or driving a vehicle on public roads. Drivers found driving without any form of insurance are guilty of a Class 2 Misdemeanor and may face any of the following penalties:

• Fines of up to $500
• Jail time of up to 30 days, typically for repeat offenders
• Vehicle registration and license suspension
• Requirement to file SR-22 insurance for three years
• Vehicle impoundment until valid insurance coverage is obtained

What Is the Minimum Insurance Requirement in South Dakota?

Under SDCL § 32-35-70, a South Dakota driver is required to carry at least:

• $25,000 for bodily injury or death to a person
• $50,000 for bodily injury or death to two or more individuals
• $25,000 for property damage

Alternatively, as allowed under SDCL §§ 32-35-83 to 32-35-93, a driver is at liberty to provide the state with a surety bond or certificate of deposit as a form of insurance, although this is rarely used.

What To Do After A Car Accident With an Uninsured Driver in South Dakota

When an uninsured driver is at fault in a car accident, the situation can become complex. In South Dakota, however, several avenues are available for victims to report the crash, safeguard their legal rights, and ultimately seek financial compensation. The following outlines a detailed process for drivers involved in such an accident to pursue financial recovery.

Step 1: Inform Law Enforcement

According to SDCL § 32-34-7, any motor vehicle accident resulting in bodily injury, property damage over $1,000, or death is required to be reported immediately to the local police or Sheriff's office. A proper report typically requires that the victim complete a crash report, documenting the other driver's lack of insurance (if applicable), which serves as crucial evidence for lawsuits or insurance claims.

Step 2: Submit a Crash Report to the DMV

Per SDCL § 32-34-10, the South Dakota Department of Safety may require parties involved in serious motor crashes to submit additional documentation regarding financial responsibility.

Step 3: Check Own Policy for Uninsured Motorist (UM) Coverage

Under SDCL § 58-11-9.4, all auto insurance policies are required to include uninsured motorist (UM) coverage unless the policyholder rejects it in writing. This coverage typically compensates a victim for

• Lost income
• Pain and suffering
• Medical expenses
• Funeral costs (when a crash led to the death of an individual)

UM coverage generally matches the liability limit, which must be at least $25,000/$50,000. If an individual bears this kind of coverage, their insurer will step in to pay for the losses caused by the uninsured driver.

Step 4: File a Civil Lawsuit for Damages

If the victim driver has no UM coverage or their insurance does not cover all the losses, then they can sue the uninsured at-fault driver in civil court and pursue damages for:

• Car repairs
• Medical bills
• Lost wages
• Pain and suffering

Even though a successful lawsuit can result in a court judgment, collecting the money may be difficult, particularly if the driver has limited assets. Nonetheless, according to SDCL Title 21, court judgments can still be enforced through wage garnishment, liens, and bank levies.

Step 5: Request License Suspension for Non-Payment

In a situation where a victim wins a judgment and the at-fault driver fails to pay, the victim can file a Certificate of Unsatisfied Judgment with the South Dakota Department of Public Safety, which may result in license suspension until the judgment is paid or settled.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Regardless of who may be at fault in a car crash, an uninsured driver is still in violation of South Dakota law and may still face administrative penalties for driving a vehicle without the required liability coverage. Per SDCL § 32-35-113, this offense is classified as a Class 2 misdemeanor, punishable by fines of up to $500 and license/registration suspension. Repeat offenders are also at risk of jail time or vehicle impoundment.

In South Dakota, even if uninsured, a driver can still legally seek damages from an at-fault driver. However, courts, particularly when fault is shared, may be less inclined to award non-economic damages like pain and suffering. While no statutes explicitly limit compensation, courts may reduce or scrutinize damage claims from uninsured individuals by applying fault principles under SDCL § 20-9-2.

Can I Sue an Uninsured Driver in South Dakota?

Yes, victims of a car crash can sue an uninsured at-fault driver in South Dakota. According to SDCL § 20-9-1, anyone guilty of causing harm through negligence is liable for the resulting damages, including uninsured motorists who fail to carry the state's required liability coverage.

South Dakota small claims courts allow claims up to $12,000, while larger claims are to be filed in circuit court, where there is no limit to the amount that can be asked. Judgments may be enforced through either of the following:

• Wage garnishment under SDCL § 21-18-1
• Property liens under SDCL § 15-20-12
• Bank account levies under SDCL § 21-19-1

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in South Dakota?

Yes. Even if the at-fault driver is uninsured, the victim may still be protected by their insurance policy, depending on the kind of coverage. South Dakota requires insurers to offer certain protections that can cover losses when the other party lacks insurance.

Uninsured motorist (UM) and underinsured motorist (UIM) coverage can pay for medical bills, lost income, and pain and suffering when the at-fault driver has no insurance or insufficient limits. On the other hand, collision coverage can help pay for vehicle repairs, while Medical Payments (MedPay) coverage typically covers reasonable medical expenses for the driver and the passengers, regardless of fault. UMPD (Uninsured Motorist Property Damage) is not required under South Dakota law.

What Is Uninsured Motorist Coverage in South Dakota?

Uninsured motorist coverage simply refers to an optional auto insurance that protects individuals when the at-fault driver in an accident lacks liability insurance. Even though South Dakota law does not require drivers to carry UM coverage, SDCL § 58-11-9.4 makes it compulsory for insurers to offer UM and underinsured motorist (UIM) coverage with every auto liability policy issued in the state. Policyholders can reject the coverage in writing if they do not wish to include it.

UM coverage typically applies when the at-fault party is completely uninsured or unknown, including in hit-and-run scenarios. Underinsured motorist coverage applies when the at-fault driver's policy limits are insufficient to cover damages. Uninsured motorist bodily injury (UMBI) coverage may compensate for both economic and non-economic damages, such as lost income, medical bills, pain and suffering, and funeral costs.

What If I Don't Have Uninsured Motorist Coverage in South Dakota?

If an uninsured motorist is involved in a car crash where the at-fault driver is uninsured, there are a few legal avenues through which the victim can recover compensation; however, they come with potential out-of-pocket expenses.

File a Civil Lawsuit

The victim can bring civil action against the uninsured at-fault motorist to cover property damage, medical expenses, and lost wages. The affected party can file in small claims court for damages of up to $12,000, and in the circuit court for larger amounts. It is, however, worth noting that recovery may be difficult if the at-fault driver has no assets or income.

Request License Suspension for Unpaid Judgments

In a situation where the victim wins a civil judgment and the at-fault driver fails or refuses to pay, the victim can file a certificate of unsatisfied judgment with the South Dakota Department of Public Safety. This action can result in suspension of the driver's license until the judgment is satisfied.

Victim Compensation Fund (in limited cases)

Victims of car crashes that involved a hit-and-run, DUI, or another crime may be eligible for help through the South Dakota Crime Victims' Compensation Program. This program can reimburse victims for medical and mental health costs, funeral expenses, and lost income. It is worth noting that this program does not cover property damage and requires that the crime be reported to law enforcement.

How Do I Get Compensation from an Uninsured Driver in South Dakota?

If an individual lacking uninsured motorist coverage is injured in a collision induced by an uninsured driver, the primary legal recourse is to sue the at-fault driver in a civil court. Below is a procedure for the litigation in South Dakota:

Filing the Lawsuit

The process begins with the victim filing a civil complaint with the appropriate court. This complaint must clearly identify all parties involved, detail the facts of the accident, state the legal basis for the claim (usually citing negligence under SDCL § 20-9-1), and specify the damages sought.

Summons and Defendant's Response

After the complaint is submitted, the court will issue a summons, requiring the defendant to respond. According to SDCL § 15-6-4, the defendant must be served the summons either personally (by a sheriff or process server), via certified mail, or through publication service if they cannot be located. Once served, the defendant usually has 30 days to respond. If the defendant does not respond or appear in court, the plaintiff can seek a default judgment under SDCL § 15-6-55.

Discovery

Upon receiving the defendant's response, both parties engage in discovery, a crucial phase for gathering evidence to establish the extent of damages and the defendant's liability. This typically includes:

• Interrogatories (written questions under SDCL § 15-6-33)
• Depositions (SDCL § 15-6-30)
• Requests for production of documents (SDCL § 15-6-34)
• Medical records and accident reports

Trial

Should the case proceed to trial, the complainant must prove three key elements:

• The uninsured driver was negligent.
• Their negligence directly caused the injuries.
• The specific damages were incurred as a result.

How Much Can You Recover From an Uninsured At-Fault Driver in South Dakota?

The statutory right to recover damages from a negligent driver in South Dakota is enshrined in SDCL § 20-9-1, and no fixed amount is specified by law. If a civil judgment is entered against the driver, it accrues a post-judgment interest rate of 10% annually (SDCL § 54-3-16), increasing the total recoverable amount over time. Victims can also pursue wage garnishments, liens, or levies to enforce the judgment under the provisions of SDCL Chapter 21-18. However, compensation may be delayed or limited if the defendant lacks sufficient income or assets (i.e., is "judgment-proof") or declares bankruptcy.

How To Find Out If the At-Fault Driver Has Insurance in South Dakota

Motorists in South Dakota can determine whether an at-fault driver had insurance at the time of the crash by reviewing the official accident report prepared by law enforcement. These reports are open to the involved parties, their attorneys, and insurers under South Dakota law.

Where the driver's insurance status is disputed or unclear, the victim can contact the South Dakota Department of Public Safety. Under SDCL § 32-34-7, drivers involved in reportable accidents are required to file a written report with the DPS if no law enforcement officer investigates the crash. The Department may take administrative action, including license suspension, under SDCL § 32-35-111 if a driver fails to prove financial responsibility.

Per SDCL § 15-6-26(b)(2), both parties in a civil litigation are required to reveal insurance information during discovery, which also includes the existence and terms of any insurance policy that may cover the defendant's liability.

Are Accidents Public Record in South Dakota?

Yes. According to Chapter 15-15A, SDCL, court filings related to motor vehicle crashes, including civil complaints, judgments, and hearing transcripts, are presumed public unless sealed by court order or deemed confidential by statute.

However, per SDCL § 1-27-1.5(5) and the federal Driver's Privacy Protection Act (DPPA), some records, such as police crash reports and DMV-held insurance records, are confidential. Only the parties involved, insurers, or legal representatives can access these confidential records.

Can You Go to Jail for Causing an Accident Without Insurance in South Dakota?

Yes. Under SDCL § 32-35-113, driving without insurance is classified as a Class 2 misdemeanor, which carries up to 30 days in jail, even when no injury occurred. This offense can also bear other penalties such as fines, driver's license suspension, and vehicle registration penalties.

However, presenting fraudulent proof of insurance, such as a fake insurance card, is considered criminal misconduct, attracting harsher penalties, including jail time, as provided under fraud and forgery laws.

Can You Settle With an Uninsured Driver Out of Court in South Dakota?

Yes. In South Dakota, out-of-court settlements with an uninsured driver are legal and often a faster means of settlement. A written agreement is typically enforceable under South Dakota contract law if consented to by both parties. Once signed, it becomes binding and can be enforced in court if the uninsured driver fails to meet the settlement terms.

Can I Get Compensation If I Was Partially at Fault?

Yes. A claimant in South Dakota may still receive compensation even if they are partly at fault, according to the state's modified comparative negligence rule, which operates on a "slight/gross" system (SDCL § 20-9-2).

Under this rule, a claimant can typically recover damages if their fault is considered slight in comparison to the other party's fault. However, if a court determines the claimant's negligence to be more than slight, they will not be able to recover any damages.

If a claimant is eligible for compensation, their damages will be lowered according to their degree of fault. For example, if the total damages are $10,000 and the claimant is found to be 20% at fault, their recovery would be capped at $8,000.