Disclaimer: This article provides general information about South Dakota law and does not constitute legal advice.
Detailed Answer
When you need to find out which insurer covered the at-fault driver in South Dakota, follow these key steps:
1. Exchange Insurance Information at the Scene
Under SDCL 32-34-6, drivers must exchange insurance details after a crash. Always ask the other driver for:
- Name and contact information of the insurer
- Policy number and coverage limits
- Insurance card or proof of coverage
Photograph the card or document to ensure accuracy.
2. Obtain the Official Crash Report
Law enforcement prepares a crash report that typically lists the insurer’s name and policy number. You can request this report from the responding agency or through the South Dakota Department of Public Safety’s Crash Records Division. See SDCL 32-34-6: sdlegislature.gov/32-34-6.
3. Request Insurance Verification from the DMV
South Dakota law (SDCL 32-35-114) mandates proof of financial responsibility for all registered vehicles. Insurers file an SR-22 or liability certificate with the Division of Motor Vehicles. You may request a copy of that certificate by submitting a written request to the DMV. See SDCL 32-35-114: sdlegislature.gov/32-35-114.
4. Send a Pre-Litigation Demand for Disclosure
If the at-fault driver fails to provide insurer information voluntarily, serve a written demand under the South Dakota Rules of Civil Procedure. This demand compels the driver to disclose their insurer. If they refuse, you can file a motion to compel disclosure in court.
5. File “John Doe” Litigation to Identify the Insurer
When informal methods fail, file a lawsuit naming “Unknown Insurer of [Driver’s Name]” as a defendant. Serve discovery requests on the South Dakota Department of Public Safety or the DMV to obtain the insurer’s identity from their records. Under SDCL 58-17A-45, insurers must file certificates of coverage with the state. See SDCL 58-17A-45: sdlegislature.gov/58-17A-45.
Once you identify the insurer, you can file your claim directly under the liability policy. South Dakota permits direct action against an insurer under SDCL 58-11-9: sdlegislature.gov/58-11-9.
Helpful Hints
- Document all communications in writing and request confirmation of receipt.
- Obtain and keep the crash report case number for reference.
- Ask your own insurer if they can assist via subrogation or intercompany inquiries.
- Act quickly—policy details and witness memories can fade over time.
- Consult an attorney if the at-fault driver refuses to cooperate or provide accurate information.