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In South Dakota, a hit-and-run is any accident in which the responsible party leaves the scene without exchanging contact information, including insurance details. Hit-and-runs are serious offenses, and in cases involving severe injury or death, they can be felonies. Committing a hit-and-run could lead to penalties such as fines, license suspension, higher insurance premiums and imprisonment.
Hit-and-runs in South Dakota
A hit-and-run accident occurs when a driver leaves the accident site without stopping to determine if there are injuries and without exchanging information. Leaving the scene of a South Dakota car accident is illegal. And if the accident results in serious injury or death, it is a felony.
The South Dakota hit-and-run statute also states that any accident that results in death, injury or property damage must be reported to the police. Even if the damage is minor, a police report is important to have if you plan to file a claim with your insurance company. If the other driver is not found after a South Dakota hit-and-run, you may need to make a claim with your own insurer.
South Dakota hit-and-run laws
Committing a hit-and-run in South Dakota could mean facing the following legal consequences:
- If there is damage to an unattended (i.e., parked) vehicle or property: You could be charged with a Class 2 misdemeanor and face a fine of no more than $500 and/or no more than 30 days in prison.
- If there is damage to a vehicle or property: You could be charged with a Class 1 misdemeanor and face a fine of no more than $1,000 and/or no more than one year in prison.
- If there is a death or injury: You could be charged with a Class 6 felony and face a maximum fine of $4,000 and/or two years in prison.
But, the legal penalties are not the whole story. You will also likely face a significant increase in your car insurance premium. Your car insurance provider might even decide not to renew your insurance policy, so you may need to find coverage with a provider that accommodates high-risk drivers. Unfortunately, you could even see an increase in your premium if you are the victim of a hit-and-run and subsequently file a claim — unless you have a rate guarantee on your policy.
How hit-and-runs impact car insurance rates in South Dakota
The average cost of full coverage car insurance in South Dakota, which includes collision and comprehensive coverage, is $2,278 per year for someone with a clean driving record. Once you are convicted of a traffic violation or are involved in an accident, your insurable risk level increases, causing most insurance companies to raise your rates. After a standard at-fault accident in South Dakota, premiums increase to $2,996 per year on average. If convicted of a hit-and-run in South Dakota, you would likely see an even steeper premium increase.
5 things to do after a hit-and-run in South Dakota
If you are hit by a driver who flees the scene, you may be shaken up and unsure of what comes next. Here’s what to do in a hit-and-run:
- Ensure the safety of you and your passengers. If it’s driveable, get your car off the road and away from traffic. Be very careful when opening your car door and getting out so that you’re not at risk of being hit. Check to be sure your passengers are okay and not injured. If anyone is hurt, even if the injury seems minor, call for medical assistance.
- Call the police. Even if no one is hurt and there seems to be a minimum amount of property damage, a police report will be vital when filing a claim. The police may be able to also help you find the at-fault driver. Share any information you might have noticed about the car’s make and model or license plate number.
- Document the scene. While you’re waiting for the police to arrive, if you can do so safely, take photos of the location, your car’s damage and anything else that helps showcase the incident. Note the time of day, weather, traffic level and any other factors that are pertinent to the accident.
- Find witnesses. If anyone stopped to help or pedestrians or other drivers saw the accident, get their contact information if they are willing to give it. Ask them to stay and talk to the police as well.
- Contact your insurer. Contact your insurer as soon as you can — within a few hours if possible. Although many insurance companies allow you to file a claim online, consider calling your agent if you have questions or want to review your coverage.
Will insurance cover a hit-and-run in South Dakota?
If you’re the victim of a hit-and-run in South Dakota, car insurance might be at the top of your mind. If the police can find the other driver, their policy’s liability coverage should pay for your damage or injuries. But what if they have no insurance or are never found? A few types of coverage may help you with the costs if the other party’s car insurance is not covering expenses related to the accident.
Most full coverage car insurance policies include collision insurance, which covers damage to your car in an accident and can be used for repair costs up to your policy limits. A deductible likely applies when you use your collision insurance, generally ranging from $250 up to $1,000, depending on what you chose.
South Dakota personal injury laws also offer optional uninsured/underinsured motorist coverage (UM/UIM), which can, in some cases, be used when the driver of a hit-and-run cannot be found. Uninsured and underinsured motorist car insurance typically covers medical costs, lost wages, vehicle repairs and more up to certain limits.
Finally, if you have medical payments coverage, this optional insurance type would help pay for medical bills or funeral costs if necessary, regardless of fault. It also covers costs if you are a pedestrian hit by a car.
Frequently asked questions
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