Question 1

Does South Dakota allow UM/UIM stacking?

Accepted Answer

Not between your UM and UIM limits: in no case may they be added together to determine the coverage available for one accident, except where two separate drivers, one uninsured and one underinsured, are liable (SDCL 58-11-9.7). UIM coverage is also limited to the limits on the vehicle of the party recovering, less what the liability insurer paid (58-11-9.5). We did not read court decisions on stacking across vehicles.

Question 2

Are UM and UIM required in South Dakota?

Accepted Answer

Yes, both. UM and hit-and-run coverage must equal your bodily injury liability limits, and UIM must be at a face amount equal to those limits, each capped at $100,000 per person and $300,000 per accident unless you ask for more (SDCL 58-11-9 and 58-11-9.4).

Question 3

How does South Dakota UIM pay?

Accepted Answer

It pays uncompensated damages the insured may recover because the judgment against the other driver exceeds that driver's policy limits. Coverage is limited to the UIM limit on the vehicle of the party recovering, less the amount the liability insurer paid, so $100,000 of UIM with $25,000 paid pays up to $75,000 (SDCL 58-11-9.5).

Question 4

What if I was partly at fault?

Accepted Answer

Your contributory negligence does not bar recovery only if it was slight in comparison with the defendant's negligence; then damages are reduced in proportion. If it was more than slight, recovery is barred (SDCL 20-9-2). The statute sets no percentage.

Question 5

How long do I have to sue?

Accepted Answer

Most injury actions must be commenced within 3 years (SDCL 15-2-14). For a person under 18, the time of the disability does not count, but the period cannot be extended in any case longer than one year after the disability ends (SDCL 15-2-22).

South Dakota UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

South Dakota requires both UM and UIM, pays UIM as your limit less the other driver's payment, and never lets UM and UIM limits be added

South Dakota UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

South Dakota requires both UM and UIM, pays UIM as your limit less the other driver's payment, and never lets UM and UIM limits be added

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