Does South Dakota Allow UM/UIM Stacking? What SDCL 58-11-9.7 Says

By the FigureMyTax Editorial Team · How we calculate

Not between UM and UIM. Section 58-11-9.7 says that in no case may your UM and UIM limits be added together for one accident, except where two separate drivers, one uninsured and one underinsured, are liable.

The rule

Section 58-11-9.7 says in no case may an insured's uninsured motorist coverage limits and underinsured motorist coverage limits be added together to determine the limit of insurance coverage available to an injured person for any one accident.

The exception

The section does not preclude recovery under both coverages where two or more separate motor vehicle operators, one uninsured and the other underinsured, are determined to be liable.

Required coverage

SDCL 58-11-9 requires UM and hit-and-run coverage equal to your bodily injury liability limits, up to $100,000 per person and $300,000 per accident unless you request more. Section 58-11-9.4 requires UIM at a face amount equal to your bodily injury limits, with the same caps.

How UIM pays

Section 58-11-9.5 pays uncompensated damages because the judgment against the other driver exceeds that driver's policy limits, limited to the UIM limit on the vehicle of the party recovering less the liability insurer's payment. The UIM insurer is subrogated (58-11-9.6).

How to use this

Compare the results in the South Dakota UM/UIM stacking calculator, start with the plain-English stacked versus single-limit explainer, and read how South Dakota UM and UIM work.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Dakota's rules apply to your specific case with a licensed South Dakota attorney.