Uber and Lyft Accident Claims in South Dakota
The insurance South Dakota requires for Uber and Lyft drivers before and during a ride, how fault is shared, and the deadline to sue.
Short answer: While a TNC driver is logged on and available but not on a prearranged ride: primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured and underinsured motorist coverage as state law… SDCL 32-40-8, 32-40-9, 32-40-10
| Uber and Lyft insurance | While a TNC driver is logged on and available but not on a prearranged ride: primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured and underinsured motorist coverage as state law requires. While engaged in a prearranged ride: primary liability coverage of at least $1 million for death, bodily injury and property damage, plus uninsured and underinsured motorist coverage as required. Coverage may come from the driver, the company or both, and if the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar and defend the claim. Source: SDCL 32-40-8, 32-40-9, 32-40-10 |
|---|---|
| Minimum car insurance | An owner's liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage. Source: S.D. Codified Laws § 32-35-70 |
| Fault rule (comparative negligence) | South Dakota uses a "slight negligence" comparison rather than a percentage bar. An injured person's contributory negligence does not bar recovery if it was slight in comparison with the defendant's negligence; damages are then reduced in proportion to the injured person's negligence. If the injured person's negligence was more than slight in comparison, recovery is barred. The jury decides this without being told any percentage of fault found by special question. Source: S.D. Codified Laws § 20-9-2 |
| Deadline to sue for an injury | Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline. |
More South Dakota personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in South Dakota
- Wrongful Death Lawsuits in South Dakota
- Medical Malpractice Rules in South Dakota
- Car Accident Claims in South Dakota
- Dog Bite Liability in South Dakota
- Slip, Trip and Fall Injuries in South Dakota
- Sidewalk and Public Property Falls in South Dakota
- Motorcycle Accident Claims in South Dakota
- Pedestrian Accident Claims in South Dakota
- Bicycle Accident Claims in South Dakota
- Truck Accident Claims in South Dakota
- Construction Site Injuries in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
What insurance must Uber and Lyft drivers have in South Dakota?
While a TNC driver is logged on and available but not on a prearranged ride: primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured and underinsured motorist coverage as state law requires. While engaged in a prearranged ride: primary liability coverage of at least $1 million for death, bodily injury and property damage, plus uninsured and underinsured motorist coverage as required. Coverage may come from the driver, the company or both, and if the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar and defend the claim.
What is the minimum car insurance required in South Dakota?
An owner's liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
Can you recover damages if you were partly at fault in South Dakota?
South Dakota uses a "slight negligence" comparison rather than a percentage bar. An injured person's contributory negligence does not bar recovery if it was slight in comparison with the defendant's negligence; damages are then reduced in proportion to the injured person's negligence. If the injured person's negligence was more than slight in comparison, recovery is barred. The jury decides this without being told any percentage of fault found by special question.
What is the statute of limitations for personal injury in South Dakota?
Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline.
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.