South Dakota Insurance Regulations
Consumer rights and insurance laws in South Dakota
Overview
South Dakota Division of Insurance regulates the industry within the Department of Labor and Regulation. South Dakota requires uninsured motorist coverage and follows standard modified comparative fault rules.
Key Insurance Regulations in South Dakota
- Modified comparative fault — barred at 51% or more fault
- 3-year statute of limitations for personal injury; 6 years for vehicle property damage (SDCL 15-2-13(4))
- Mandatory auto insurance: 25/50/25 minimum liability with uninsured motorist
Filing an Insurance Complaint in South Dakota
If you believe your insurance company has acted unfairly or violated South Dakota insurance laws, you can file a complaint with the South Dakota Division of Insurance. The department investigates consumer complaints and can take enforcement action against insurers that violate state regulations.
Before filing a complaint, make sure you have documented all communication with your insurance company, including claim numbers, dates, and the names of representatives you've spoken with. The South Dakota Division of Insurance typically responds to complaints within 30 days.
South Dakota Division of Insurance
Insurance Commissioner: Larry Deiter
Phone: (605) 773-3563
Website: https://dlr.sd.gov/insurance/
File a Complaint: Consumer Complaint Portal
Diminished value claims in South Dakota
Yes, against the at-fault driver. The South Dakota Division of Insurance has stated in writing that insurers still owe a third-party claimant a demonstrated loss of market value, while the South Dakota Supreme Court held in Culhane v. Western National (2005) that a standard collision policy does not. You have six years to sue for injuring goods or chattels (SDCL 15-2-13), and South Dakota's slight-gross negligence rule lets you recover only if your own negligence was slight compared with the other driver's.
Read the South Dakota diminished value guideInsurance Claim Guides for South Dakota
Browse our detailed insurance claim guides tailored specifically to South Dakota laws and regulations.
Other State Insurance Regulations
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