South Dakota mandates that all drivers within the state maintain the 25/50/25 auto insurance plan on their vehicles at all times. The 25/50/25 insurance plan consists of $25,000 for individual bodily injury or death, $50,000 for additional bodily injuries or death, and $25,000 in property damage coverage.
Furthermore, South Dakota follows the fault rule should a car accident occur, which mandates that anyone who caused a car accident will be financially responsible for the damages. The victim of a car accident can file a claim with the other party’s insurance company, with their own insurance company, and if necessary, a lawsuit. Usually, a lawsuit occurs when the other party’s insurance company cannot or will not cover all of the damages.
South Dakota is also a pure comparative fault state, which means that the victim of a car accident will always be allowed to file for damages regardless of the percentage of fault that falls on the responsible party. Keep in mind however, that the victim will also be responsible for any damages that he is responsible for as well. An experienced car accident lawyer is recommended in pure comparative fault states, as the burden of proof falls on the plaintiff when filing a lawsuit. A car accident attorney has the necessary knowledge and skills in order to help clients successfully win their lawsuit and recover damages.