South Dakota has no state rideshare regulator, lets cities regulate everything but insurance, and requires $1 million from acceptance
South Dakota’s rideshare rules are in SDCL chapter 32-40, “Transportation Network Companies.” The chapter names no state agency and creates no permit, license, or fee; it puts duties directly on the companies. While a driver is logged on and available, the floor is $50,000 per person, $100,000 per incident, and $25,000 for property damage. Once the driver accepts a ride, it is $1,000,000.
Both periods also require uninsured and underinsured coverage “as required by §§ 58-11-9 and 58-11-9.4.” South Dakota has no med pay or PIP requirement in the sections reviewed.
Statute text as of October 13, 2026, from the South Dakota Codified Laws published by the Legislative Research Council: SDCL chapter 32-40.
South Dakota & the Midwest
The $1 million period starts at acceptance and ends when the last rider departs
A prearranged ride begins “when a driver accepts a rider’s request for a ride” through the company’s digital network and ends “when the last requesting rider departs from the personal vehicle.” 32-40-1(3). The drive to the pickup is inside the $1,000,000 period.
| App status | Statute | Liability required | Uninsured and underinsured |
|---|---|---|---|
| App off | Personal policy, 32-35-70 | $25,000 per person, $50,000 per accident, $25,000 property damage | Equal to the policy’s bodily injury limits, up to $100,000 / $300,000 unless more is requested (58-11-9, 58-11-9.4) |
| Logged on and available, no ride accepted | 32-40-8 | $50,000 per person, $100,000 per incident, $25,000 property damage, primary | “As required by §§ 58-11-9 and 58-11-9.4” |
| Accepted, driving to the pickup | 32-40-9; 32-40-1(3) | $1,000,000 primary | Same; the required amount on a $1,000,000 policy is unsettled |
| Rider in the car | 32-40-9 | $1,000,000 primary | Same |
| Last rider departed, still logged on | Back to 32-40-8 | $50,000, $100,000, and $25,000 | Same as waiting |
If the driver’s coverage lapses or falls short, the company’s insurance pays from the first dollar
The driver, the company on the driver’s behalf, or a combination may carry the coverage, and it must be primary. 32-40-7, 32-40-8, 32-40-9. If the driver’s insurance has lapsed or does not provide the required coverage, the company’s insurance provides it beginning with the first dollar of a claim, with a duty to defend. 32-40-10. The company’s coverage may not depend on a personal insurer first denying the claim. 32-40-11.
Slight-negligence warning. Which policy pays is not the only question in a South Dakota injury claim. SDCL 20-9-2 says that in an action for injury to a person or that person’s property caused by someone else’s negligence, “the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff’s contributory negligence.” Whether the plaintiff’s negligence was slight is decided “without disclosing any determination of percentage of plaintiff’s fault by special interrogatory.” If the comparison is not slight, the statute does not lift that bar. What counts as “slight” is decided by case law.
The driver must carry proof of coverage and, after an accident, give it to interested parties, insurers, and investigating officers and say whether they were logged on or on a ride. 32-40-14. In a claims investigation, the company must immediately provide the driver’s log-on and log-off times for the 12 hours before and after the accident. 32-40-22.
Whether Uber or Lyft is liable for a driver’s negligence beyond its insurance is unsettled.
A personal policy may exclude everything while the app is on
Any insurer writing auto insurance in South Dakota may exclude coverage on a personal policy for loss or injury while the driver is logged on or providing a prearranged ride, and that right “may apply to any coverage included in a motor vehicle insurance policy,” including uninsured and underinsured coverage. 32-40-16. No particular policy language is required. 32-40-18.
Uninsured and underinsured coverage is required in both periods, but the ride-period amount is unsettled
Both app-on periods require “Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4.” 32-40-8(2), 32-40-9(2). Those sections require uninsured and underinsured coverage equal to the policy’s bodily injury limits, but the required coverage “may not exceed” $100,000 per person and $300,000 per accident unless the insured requests more. SDCL 58-11-9, SDCL 58-11-9.4.
How the $100,000 / $300,000 cap applies to a $1,000,000 combined single limit rideshare policy, and whether the “registered or principally garaged” condition is met by a company’s policy, is unsettled. Neither company certificate shows a written rejection or reduction of coverage.
Uber prints uninsured coverage of $50,000 / $100,000 while waiting and $100,000 / $300,000 on trips
Uber’s South Dakota certificates are issued by Farmers Insurance Exchange, NAIC 21652, for March 1, 2026 to March 1, 2027. Uber certificate PDF.
| Certificate | Policy | Liability printed | Uninsured and underinsured printed |
|---|---|---|---|
| Period 1 | 606715861 | $50,000 / $100,000 / $25,000 | $50,000 per person, $100,000 per accident |
| Periods 2 and 3 | 606715862 | $1,000,000 combined single limit | $100,000 per person, $300,000 per accident |
| Physical damage | 606715862PD | Comprehensive and collision, $2,500 deductibles | Not applicable |
No med pay or PIP is printed.
Lyft prints the same uninsured limits, but no Period 3 liability figure
Lyft’s certificate SEA-004219127-05 is issued by Mobilitas Insurance Company, NAIC 16392, for October 1, 2026 to October 1, 2027. Lyft certificate PDF.
| Policy | Period printed | Limit printed | Uninsured and underinsured printed |
|---|---|---|---|
| SDBA1T6624548270 | Period 1 | $50,000 / $100,000 bodily injury, $25,000 property damage | $50,000 / $100,000 |
| SDBA2T6624548270 | Period 2 | $1,000,000 combined single limit | $100,000 / $300,000 |
| SDBA3T6624548270 | Period 3 | Only a $2,500 physical damage deductible | $100,000 / $300,000 |
The certificate prints no liability figure for Period 3. The statute requires $1,000,000 while a ride is in progress. 32-40-9. No med pay or PIP is printed.
South Dakota has no med pay or PIP requirement
Neither chapter 32-40 nor the financial responsibility and uninsured motorist sections reviewed require medical payments or personal injury protection coverage, and neither certificate prints any. Drivers must maintain financial responsibility (32-35-113), and an owner’s policy must carry at least $25,000 per person, $50,000 per accident, and $25,000 property damage (32-35-70). SDCL 32-35-70.
You recover only if your negligence was slight compared with the defendant’s, and you have three years
Contributory negligence “does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant,” and damages are reduced in proportion to it. 20-9-2. Whether the plaintiff’s negligence was slight is decided “without disclosing any determination of percentage of plaintiff’s fault by special interrogatory.” SDCL 20-9-2.
Joint and several liability applies, but a party allocated less than half of the total fault may not be jointly liable for more than twice its own share of fault. 15-8-15.1. SDCL chapter 15-8.
- Injury: 3 years. 15-2-14. SDCL 15-2-14.
- Wrongful death: 3 years after the death. 21-5-3. SDCL chapter 21-5.
What counts as “slight,” and how the comparison works with several defendants, is decided by case law.
Punitive damages need oppression, fraud, or malice, and a pretrial finding
Punitive damages require oppression, fraud, or malice. 21-3-2. Before discovery or trial on them, the court must find by clear and convincing evidence a reasonable basis to believe the conduct was willful, wanton, or malicious. 21-1-4.1. SDCL 21-1-4.1. Wrongful death damages are those proportionate to the pecuniary injury to the beneficiaries. 21-5-7. No cap on compensatory damages in an accident case appears in the sections reviewed.
Give written notice within 180 days, and recovery is limited to the government’s coverage
No action for injury, property damage, or death caused by a public entity or its employees may proceed unless written notice of the time, place, and cause is given within 180 days after the injury. 3-21-2. The notice goes to the officer the statute names, such as the county auditor or the mayor or city finance officer. 3-21-3. SDCL chapter 3-21.
Local governments waive immunity only to the extent of their insurance or risk-sharing pool coverage. 21-32A-1. Suits against the State are allowed only for a covered claim to the extent its coverage document provides. 3-22-17. SDCL chapter 21-32A, SDCL 3-22-17.
Notify police immediately for injury or $1,000 in damage
- Stop and aid: stop, give your name, address, and plate number, and render reasonable assistance. 32-34-3.
- Police notice: for injury, death, or apparent damage of $1,000 or more to any one person’s property or $2,000 per accident, notify the nearest law enforcement officer immediately by the quickest means. 32-34-7. SDCL chapter 32-34.
- Rideshare driver: must show proof of coverage and say whether they were logged on or on a ride. 32-40-14.
South Dakota’s 2024 law allows driverless ride networks under the rideshare chapter
A fully autonomous vehicle may operate on South Dakota roads without a human driver if its system is engaged and it meets the statutory conditions. 32-41-2. An on-demand autonomous vehicle network “is permitted to operate pursuant to chapter 32-40.” 32-41-6. SDCL chapter 32-41.
Chapter 32-40’s insurance periods are written for a human driver using a personal vehicle. Whether the $1,000,000 ride-period floor applies to a driverless trip is unsettled.
No state regulator, and cities and counties can regulate everything except insurance
“Nothing in this chapter may be construed to limit further regulation of a transportation network company enacted by a municipality or county. However, no municipality or county may enact further regulations relating to the insurance requirements provided in this chapter.” 32-40-23. Chapter 32-40 does not mention airports.
What decides which policy and which limit applies
- Whether the driver was logged off, logged on and available, had accepted a ride, or was carrying you.
- Log-on and log-off times for 12 hours around the accident. 32-40-22.
- The uninsured and underinsured coverage on the rideshare policy and on your own policy.
- Your own health coverage, since no med pay or PIP is required.
- How your negligence compares with the defendant’s under the slight comparison rule.
- The 3-year deadline, and 180-day written notice if a public entity is involved.
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Pin down the period, then the uninsured coverage
In South Dakota, acceptance moves liability to $1,000,000, while both certificates print uninsured coverage of $100,000 / $300,000 on trips. A free review can sort out which policies apply to your accident.