Uninsured vs. Underinsured Motorist Coverage in South Dakota

By the FigureMyTax Editorial Team · How we calculate

South Dakota requires both coverages. UIM pays uncompensated damages up to your UIM limit on the vehicle less what the liability insurer paid, and your own fault reduces damages only if it was slight compared with the defendant's.

UM

SDCL 58-11-9 requires UM and hit-and-run coverage equal to your bodily injury limits, capped at $100,000 per person and $300,000 per accident unless you ask for more. An insured vehicle whose liability insurer is insolvent counts as uninsured (SDCL 58-11-9.1).

UIM

Section 58-11-9.5 says the insurer pays its insured for uncompensated damages recoverable because the judgment against the other driver exceeds that driver's policy limits, with coverage limited to the UIM limit on the vehicle of the party recovering less the amount the liability insurer paid. With $100,000 of UIM and $25,000 paid, UIM pays up to $75,000.

Fault

Your contributory negligence does not bar recovery when it was slight in comparison with the defendant's negligence, and then damages are reduced in proportion; otherwise it bars recovery (SDCL 20-9-2). The statute sets no percentage for "slight."

Deadlines

Most injury actions must be commenced within 3 years (SDCL 15-2-14). South Dakota has no no-fault threshold for pain and suffering.

Next steps

Stacking is a separate question; see our statute post and the explainer, then use the South Dakota UM/UIM stacking calculator.

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.