South Dakota requires at least $25,000 of bodily injury liability per person, $50,000 per accident and $25,000 of property damage liability, often written as 25/50/25. Every policy also has to include uninsured and underinsured motorist coverage at your bodily injury limits, and the state’s statutes give you no way to reject either one.
South Dakota is not a no-fault state, so personal injury protection isn’t required. Driving without insurance is a criminal misdemeanor, and a conviction also brings a court-ordered license suspension of at least 30 days.
Key Takeaways
- South Dakota’s minimum is 25/50/25 liability plus uninsured (UM) and underinsured (UIM) motorist coverage equal to your bodily injury limits. You can’t turn either one down.
- UIM in South Dakota is reduced by whatever the at-fault driver’s insurer pays. If your UIM limit matches the other driver’s liability limit, it may pay little or nothing.
- Failing to keep insurance is a Class 2 misdemeanor with up to 30 days in jail, a $500 fine or both, and the court also has to suspend your license for 30 days to one year.
- After a conviction, the Department of Public Safety (DPS) says you must file proof of financial responsibility, usually an SR-22 from your insurer, before you can drive or re-register a vehicle, and keep it for three years from the date of conviction.
South Dakota Minimum Car Insurance at a Glance
| Coverage | Requirement |
|---|---|
| Bodily injury liability | $25,000 per person and $50,000 per accident |
| Property damage liability | $25,000 per accident |
| Uninsured motorist | Required, equal to your bodily injury limits, up to $100,000/$300,000 unless you ask for more. Includes hit-and-run. |
| Underinsured motorist | Required, equal to your bodily injury limits, up to $100,000/$300,000 unless you ask for more |
| Personal injury protection | Not required |
| Collision and comprehensive | Not required by law, but lenders and lessors often require them |
The liability limits come from SDCL 32-35-70, which also says an owner’s policy has to cover you and people driving with your permission in the United States and Canada. Under SDCL 32-35-113, drivers and owners have to keep one of the approved forms of financial responsibility in force at all times. RateFrog’s guide to liability limits explains what the three numbers mean in a claim.
Other Ways to Meet the Requirement
Most people meet the law with an auto policy, as the Division of Insurance notes on its auto insurance page. SDCL 32-35-113 also allows:
- A bond under SDCL 32-35-83, backed by at least two individual sureties who each own South Dakota real estate with equity worth at least twice the bond, filed with DPS
- A $50,000 certificate of deposit of money or securities
- A certificate of self-insurance, which SDCL 32-35-90 limits to people with more than 25 vehicles registered in the state
If you don’t own a car but drive other people’s, SDCL 32-35-71 describes an operator’s policy that covers your use of vehicles you don’t own, at the same minimum limits.
Uninsured and Underinsured Motorist Coverage in South Dakota
Under SDCL 58-11-9, a bodily injury liability policy for a vehicle registered or principally garaged in South Dakota can’t be issued without uninsured motorist coverage, and that includes hit-and-run vehicles. SDCL 58-11-9.4 requires underinsured motorist coverage the same way. Neither statute has a rejection or waiver provision. The Division of Insurance’s consumer page describes UM as required, and the UIM statute makes that coverage required too.
Both coverages have to equal your policy’s bodily injury limits, up to $100,000 per person and $300,000 per accident. If you want more than that, you have to ask for it. So on a minimum policy you’d have 25/50 UM and 25/50 UIM, while a policy with 250/500 liability would carry 100/300 UM and UIM unless you request higher limits.
UM in South Dakota covers injuries, not your car. The Division’s auto page says UM doesn’t pay for damage to your vehicle. Collision coverage is the usual way to cover that.
How Underinsured Coverage Pays
Some drivers expect UIM to pay on top of the at-fault driver’s insurance. In South Dakota it doesn’t. Under SDCL 58-11-9.5, your UIM coverage is limited to your UIM limits minus the amount the at-fault driver’s liability insurer paid.
Hypothetical example: you carry $100,000 of UIM per person, and the at-fault driver’s insurer pays its $25,000 limit. The most your UIM could pay is $75,000. If you carried only $25,000 of UIM, it would have nothing left to pay after that $25,000 payment. These numbers are illustrations, not quotes.
SDCL 58-11-9.7 also says your UM limits and UIM limits can’t be added together for one accident. The exception is a crash where two separate drivers are found liable, one uninsured and the other underinsured. RateFrog’s guide to uninsured and underinsured motorist coverage covers how these coverages work in general.
Proof of Insurance in South Dakota
South Dakota’s statutes focus on proof checks by police. Under SDCL 32-35-114, an officer can ask for proof of financial responsibility as a secondary action when you’re stopped for a suspected traffic violation or another offense. For that request, SDCL 32-35-115 accepts the name of your insurer and your policy number (or the bond, deposit or self-insurance number).
If you get a ticket or are in a reportable crash, SDCL 32-35-116 requires written evidence when asked. The officer records on the citation if you produced it and may cite you if you didn’t. Under SDCL 32-35-119, written evidence includes a copy of the policy or bond, an ID card with the policy number, or written confirmation from your insurer that you were insured at the time of the citation.
Electronic Proof
An electronic copy counts as written evidence if it meets the statute’s requirements and is issued as an official electronic document by the insurer. A card from your insurer’s app or website is the safer choice, since the statute doesn’t say any screenshot will do. RateFrog’s guide to getting proof of insurance fast can help if you need a card right away.
If You Were Insured but Couldn’t Show It
Under SDCL 32-35-117, you can appear before the magistrate named on the citation with written evidence, acceptable to the magistrate, that you were insured when the citation was issued, or mail that evidence instead. The law says further proceedings on the citation are then dismissed. Read your citation for the exact steps and deadline.
Penalties for Driving Without Insurance in South Dakota
A conviction can affect you in court and at DPS, and the two sets of consequences stack.
Court Penalties
SDCL 32-35-113 makes failure to maintain financial responsibility a Class 2 misdemeanor. Under SDCL 22-6-2, the maximum for a Class 2 misdemeanor is 30 days in a county jail, a $500 fine or both. No separate, higher penalty for repeat offenses appears in the statutes that set this penalty, so be wary of websites that list escalating fines.
Giving an officer false proof is more serious. Under SDCL 32-35-120, showing false evidence, including an expired policy, is a Class 1 misdemeanor, punishable by up to one year in jail, a $2,000 fine or both.
License Suspension
On a conviction for either offense, SDCL 32-35-121 says the court shall also suspend your driver’s license for at least 30 days and no more than one year. The license goes to DPS within 10 days of the conviction. DPS’s revoked or suspended license page describes the same penalty and says a reinstatement fee applies in addition to the application fee. It doesn’t list the amounts, so ask DPS what you’ll owe.
Restricted Driving During the Suspension
Under the current text of SDCL 32-35-122, updated by a 2026 law, the judge must restrict your driving during the suspension to specific purposes:
- Work
- Child care drop-off or pickup
- Health appointments
- School, court and probation appointments
- 24/7 sobriety testing, counseling, treatment or aftercare
Before you can drive under the restriction, you have to set up one of the approved forms of financial responsibility, and you have to keep it for the whole restriction period. RateFrog’s guide to what happens when insurance lapses covers the broader risks of a gap.
SR-22 Filings in South Dakota
After a suspension for driving uninsured or giving false proof, SDCL 32-35-43.1 bars DPS from renewing your driving privileges until you give and keep proof of financial responsibility for the future. DPS says on its suspension page that this proof is needed before you drive or re-register any vehicle, that most people meet it with an SR-22 filing from their insurer, and that the filing must stay in place for three years from the date of conviction.
SDCL 32-35-95 lets DPS waive the requirement after three years if you have no convictions or bail forfeitures in the preceding three years. The statute counts from when proof was required, while DPS describes the period from the conviction date, so confirm your end date with DPS. The Division of Insurance also notes that the SR-22 has to list every vehicle registered in your name. RateFrog’s SR-22 guide explains how these filings work in general.
If You Can’t Find Coverage
The South Dakota Automobile Insurance Plan is for eligible drivers who can’t get coverage in the regular market. According to the plan’s page on AIPSO, you apply through a licensed agent or broker and certify that you tried and failed to get coverage in South Dakota within the past 60 days at rates no higher than plan rates. You need a valid license or eligibility for one through a filing. The plan office is at (888) 706-6100.
How South Dakota Insurers Set Rates
Insurers price policies using your driving record, your vehicle, where you live and other details, and each company weighs them differently. Discounts also vary by insurer, so ask each one what it offers and what you’d need to qualify. RateFrog’s guide to the factors that affect car insurance rates goes through the common ones. If you think a rate or underwriting decision was handled unfairly, you can take it to the Division of Insurance.
Cancellation and Nonrenewal Rules
South Dakota’s cancellation rules apply to private passenger auto policies insuring one person or a married couple in the same household, under SDCL 58-11-45. They don’t apply to policies issued through the assigned risk plan.
In a policy’s first 60 days, SDCL 58-11-47 lets the insurer cancel a new policy for any reason if it sends notice before day 60. That exception doesn’t apply to a renewal. After that, and for renewals, SDCL 58-11-46 limits cancellation to these reasons:
- Nonpayment of premium
- A suspended or revoked license or registration for the named insured or another household or regular driver, during the policy period or the 180 days before it began
- A driver who is no longer in the 24/7 sobriety program because of noncompliance
Under SDCL 58-11-49, the insurer has to mail or deliver a cancellation notice at least 20 days before it takes effect, including for nonpayment. The notice has to tell you that you can get the reason by sending a written request, and SDCL 58-11-50 gives the insurer five days after receiving it to reply. RateFrog’s guide to car insurance grace periods explains what usually happens when a payment is late.
Nonrenewal works differently. SDCL 58-11-51 requires at least 60 days’ advance notice before an insurer declines to renew, though not when the insurer offered to renew, moves you to another company in the same group with the required notice, or the premium wasn’t paid. The statute doesn’t require a reason. Under SDCL 58-11-52, proof of mailing to the address on your policy counts as proof of notice, so keep your address current with your insurer.
Is South Dakota’s Minimum Coverage Enough?
A 25/50/25 policy can run out fast in a serious crash, and $25,000 of property damage coverage may not replace a newer vehicle. If a claim is more than your limits, you could owe the rest. The UIM rule matters too: because South Dakota subtracts the at-fault driver’s payment, UIM at the same 25/50 level as a minimum-limits driver may add nothing for you. Raising your bodily injury limits raises your UM and UIM with them, up to 100/300.
Higher limits cost more, so weigh that against your savings, your income and what you’d stand to lose in a lawsuit. If you have a car loan or lease, check the contract for collision and comprehensive requirements. RateFrog’s guide to how much car insurance you need can help you choose, and you can compare car insurance quotes at several coverage levels.
Where to Get Help
The Division of Insurance, part of the Department of Labor and Regulation, takes calls at 605.773.3563 (TTY 711) and email at sdinsurance@state.sd.us. Its complaint page suggests contacting the company first, then filing online or with a printable form. The Division’s site also warns about fraudulent messages that pretend to come from the department.
For license suspensions and SR-22 questions, contact DPS Driver Licensing. Its suspension page lists (605) 773-6883 for renewal status and offers an online Check my Status tool.
Frequently Asked Questions
Can I Reject Uninsured Motorist Coverage in South Dakota?
No. South Dakota’s UM and UIM statutes require both coverages on every bodily injury liability policy for a vehicle registered or principally garaged in the state, and neither statute includes a way to reject them.
Does South Dakota Require PIP?
No. South Dakota is not a no-fault state, so personal injury protection isn’t part of the state’s required coverage.
What Is the Penalty for Driving Without Insurance in South Dakota?
It’s a Class 2 misdemeanor, with up to 30 days in jail, a $500 fine or both. The court also has to suspend your license for 30 days to one year, and DPS says you’ll need to file proof of financial responsibility, usually an SR-22, for three years from the conviction date.
Can I Show Proof of Insurance on My Phone in South Dakota?
Yes, if it’s an official electronic document issued by your insurer, such as the ID card in your insurer’s app. The statute doesn’t say a photo of any document will do.
Sources
- South Dakota Division of Insurance: Auto Insurance
- South Dakota Division of Insurance: File a Complaint
- South Dakota Department of Public Safety: Revoked or Suspended
- SDCL 32-35-70
- SDCL 32-35-71
- SDCL 32-35-83
- SDCL 32-35-90
- SDCL 32-35-113
- SDCL 32-35-114
- SDCL 32-35-115
- SDCL 32-35-116
- SDCL 32-35-117
- SDCL 32-35-119
- SDCL 32-35-120
- SDCL 32-35-121
- SDCL 32-35-122
- SDCL 32-35-43.1
- SDCL 32-35-95
- SDCL 22-6-2
- SDCL 58-11-9
- SDCL 58-11-9.4
- SDCL 58-11-9.5
- SDCL 58-11-9.7
- SDCL 58-11-45
- SDCL 58-11-46
- SDCL 58-11-47
- SDCL 58-11-49
- SDCL 58-11-50
- SDCL 58-11-51
- SDCL 58-11-52
- AIPSO: South Dakota Automobile Insurance Plan