South Dakota Car Insurance Laws: Minimum Coverage, Penalties and SR-22
South Dakota car insurance law: minimum liability limits, fault or no-fault, uninsured motorist coverage, proof of insurance, penalties for driving uninsured, SR-22, title and registration.
Quick answers for South Dakota
- Minimum coverage required
- South Dakota requires an owner's liability policy of at least 25/50/25: $25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more people in one accident, and $25,000 for property damage. S.D. Codified Laws §§ 32-35-70, 32-35-113, 58-11-9, 58-11-9.4
- At-fault or no-fault
- South Dakota uses the at-fault (tort) system, with personal injury protection (PIP) available or required. Alabama Department of Insurance, State Auto Insurance Laws (national table)
- Driving without insurance
- Failing to maintain financial responsibility is a Class 2 misdemeanor. A judge must also suspend the driver's license for at least 30 days and up to one year, and must restrict driving during that time to listed purposes (such as work, child care, health appointments, school, court… S.D. Codified Laws §§ 32-35-113, 32-35-121, 32-35-122
- SR-22 filing
- A person convicted of driving without financial responsibility (and certain other offenses), or who fails to pay a crash judgment, must file proof of financial responsibility for the future (for example, an insurer's certificate) covering at least 25/50/25. S.D. Codified Laws §§ 32-35-2, 32-35-43, 32-35-47, 32-35-80
Last verified: 2026-10-27
Required coverage
| Minimum coverage required | South Dakota requires an owner's liability policy of at least 25/50/25: $25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more people in one accident, and $25,000 for property damage. Policies must also include uninsured and underinsured motorist coverage. Alternatives to insurance are a bond, a $50,000 certificate of deposit of money or securities, or a certificate of self-insurance. Alternatives: https://sdlegislature.gov/Statutes/32-35-113 |
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| At-fault or no-fault | South Dakota uses the at-fault (tort) system, with personal injury protection (PIP) available or required. The Alabama Department of Insurance's national table of state auto insurance laws lists South Dakota among the "Tort States Where Personal Injury Protection is Available/Required." |
| Uninsured motorist coverage | Required. Every auto liability policy on a vehicle registered or principally garaged in South Dakota must include uninsured motorist (and hit-and-run) coverage and underinsured motorist coverage equal to the policy's bodily injury limits. The required amount does not have to exceed $100,000 per person/$300,000 per accident unless the insured asks for more. UIM statute: https://sdlegislature.gov/Statutes/58-11-9.4 |
| Proof of insurance | Acceptable written evidence of insurance is a copy of the policy or bond, an insurance ID card showing the policy number, insurer, and effective and expiration dates, or written confirmation from the insurer that the person was insured at the time of the citation. An electronic copy counts if it meets these requirements and is issued as an official electronic document by the insurer. Source: S.D. Codified Laws § 32-35-119 |
Driving without insurance and SR-22
| Driving without insurance | Failing to maintain financial responsibility is a Class 2 misdemeanor. A judge must also suspend the driver's license for at least 30 days and up to one year, and must restrict driving during that time to listed purposes (such as work, child care, health appointments, school, court, probation and treatment). Before driving under the restriction, the person must establish financial responsibility and keep it for the restriction period. |
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| SR-22 filing | A person convicted of driving without financial responsibility (and certain other offenses), or who fails to pay a crash judgment, must file proof of financial responsibility for the future (for example, an insurer's certificate) covering at least 25/50/25. The license and registrations stay suspended until the person gives and then maintains this proof. An insurer that certified a policy must notify the Department of Public Safety within 15 days after it is canceled or terminated. The sections read do not state how long the future proof must be maintained. |
Your rights with insurers
| Cancellation and nonrenewal | Once a policy has been in effect 60 days (or is a renewal), an insurer may cancel only for nonpayment of premium; suspension or revocation of the license or registration of the named insured or a household or regular driver; or noncompliance with the 24/7 sobriety program for someone insured based on that program. Cancellation requires at least 20 days' notice. Nonrenewal requires at least 60 days' advance notice (with listed exceptions, including nonpayment). |
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| What insurers can use to set rates | An insurer may not refuse to issue or renew an auto policy solely because of the applicant's or insured's age, residence, race, color, creed, national origin, ancestry, occupation or marital status; violating this is a Class 2 misdemeanor. This is an underwriting (issue/renewal) rule; no statute limiting rating factors such as credit was found in the sections read. Source: S.D. Codified Laws § 58-11-55 |
| Total loss rules | A salvage vehicle is one an insurer or self-insurer declares a total loss due to theft or damage from fire, vandalism, collision, weather or flood (does not apply to vehicles more than ten model years old or over 16,000 pounds GVWR). If the insurer declares a total loss but does not take ownership, the owner must get a salvage title before selling or transferring the vehicle; selling without one is a Class 1 misdemeanor. |
| Complaints about an insurer | File a complaint with the South Dakota Division of Insurance online or with the printable complaint form; phone 605.773.3563, fax 605.773.5369, email sdinsurance@state.sd.us. |
Title and registration
| Transferring a car title | Titles must be updated within 45 days of the purchase date at the county treasurer's office, using the Application for Motor Vehicle Title & Registration signed by the owner. In private sales, a seller's permit lets the buyer drive for 45 days, and a 5-15 day permit ($1 per day, $5 minimum) is available if more time is needed. The 4% motor vehicle excise tax is owed from the purchase date; interest applies after 45 days and a one-time penalty (10% of the tax or $10, whichever is greater) after 60 days. Permits: https://dor.sd.gov/individuals/motor-vehicle/cars-trucks-vans/. The two pages state different monthly interest rates (1% vs. 1-1/4%). |
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| Registering after you move | New residents have 90 days from their date of arrival to title and license their vehicle in South Dakota, at the county treasurer's office, with the original out-of-state title, a copy of the driver license, Social Security number and the title and registration application. Vehicles already titled and registered in another state get credit for tax paid, but if that state had no tax or a lower rate, the difference up to South Dakota's 4% is owed. |
Car Insurance & Vehicle Laws FAQ
What is the minimum car insurance required in South Dakota?
South Dakota requires an owner's liability policy of at least 25/50/25: $25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more people in one accident, and $25,000 for property damage. Policies must also include uninsured and underinsured motorist coverage. Alternatives to insurance are a bond, a $50,000 certificate of deposit of money or securities, or a certificate of self-insurance.
Is South Dakota a no-fault car insurance state?
South Dakota uses the at-fault (tort) system, with personal injury protection (PIP) available or required. The Alabama Department of Insurance's national table of state auto insurance laws lists South Dakota among the "Tort States Where Personal Injury Protection is Available/Required."
Is uninsured motorist coverage required in South Dakota?
Required. Every auto liability policy on a vehicle registered or principally garaged in South Dakota must include uninsured motorist (and hit-and-run) coverage and underinsured motorist coverage equal to the policy's bodily injury limits. The required amount does not have to exceed $100,000 per person/$300,000 per accident unless the insured asks for more.
Can you show proof of car insurance on your phone in South Dakota?
Acceptable written evidence of insurance is a copy of the policy or bond, an insurance ID card showing the policy number, insurer, and effective and expiration dates, or written confirmation from the insurer that the person was insured at the time of the citation. An electronic copy counts if it meets these requirements and is issued as an official electronic document by the insurer.
What is the penalty for driving without insurance in South Dakota?
Failing to maintain financial responsibility is a Class 2 misdemeanor. A judge must also suspend the driver's license for at least 30 days and up to one year, and must restrict driving during that time to listed purposes (such as work, child care, health appointments, school, court, probation and treatment). Before driving under the restriction, the person must establish financial responsibility and keep it for the restriction period.
When do you need an SR-22 in South Dakota, and for how long?
A person convicted of driving without financial responsibility (and certain other offenses), or who fails to pay a crash judgment, must file proof of financial responsibility for the future (for example, an insurer's certificate) covering at least 25/50/25. The license and registrations stay suspended until the person gives and then maintains this proof. An insurer that certified a policy must notify the Department of Public Safety within 15 days after it is canceled or terminated.
How much notice must an insurer give before canceling car insurance in South Dakota?
Once a policy has been in effect 60 days (or is a renewal), an insurer may cancel only for nonpayment of premium; suspension or revocation of the license or registration of the named insured or a household or regular driver; or noncompliance with the 24/7 sobriety program for someone insured based on that program. Cancellation requires at least 20 days' notice. Nonrenewal requires at least 60 days' advance notice (with listed exceptions, including nonpayment).
Can car insurance companies use your credit score in South Dakota?
An insurer may not refuse to issue or renew an auto policy solely because of the applicant's or insured's age, residence, race, color, creed, national origin, ancestry, occupation or marital status; violating this is a Class 2 misdemeanor.
When is a car a total loss in South Dakota?
A salvage vehicle is one an insurer or self-insurer declares a total loss due to theft or damage from fire, vandalism, collision, weather or flood (does not apply to vehicles more than ten model years old or over 16,000 pounds GVWR). If the insurer declares a total loss but does not take ownership, the owner must get a salvage title before selling or transferring the vehicle; selling without one is a Class 1 misdemeanor.
How do you transfer a car title in South Dakota?
Titles must be updated within 45 days of the purchase date at the county treasurer's office, using the Application for Motor Vehicle Title & Registration signed by the owner. In private sales, a seller's permit lets the buyer drive for 45 days, and a 5-15 day permit ($1 per day, $5 minimum) is available if more time is needed. The 4% motor vehicle excise tax is owed from the purchase date; interest applies after 45 days and a one-time penalty (10% of the tax or $10, whichever is greater) after 60 days.
How long do you have to register your car after moving to South Dakota?
New residents have 90 days from their date of arrival to title and license their vehicle in South Dakota, at the county treasurer's office, with the original out-of-state title, a copy of the driver license, Social Security number and the title and registration application. Vehicles already titled and registered in another state get credit for tax paid, but if that state had no tax or a lower rate, the difference up to South Dakota's 4% is owed.
How do you file a complaint against a car insurance company in South Dakota?
File a complaint with the South Dakota Division of Insurance online or with the printable complaint form; phone 605.773.3563, fax 605.773.5369, email sdinsurance@state.sd.us.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.