## Is South Dakota a no-fault state for car accidents? When someone gets hurt in a car accident, who pays for the medical bills depends on what kind of state you're in. Every state falls into one of four categories. ### South Dakota's system **Pure tort/fault state.** No PIP requirement (or it's an optional add-on). To recover, the injured driver sues the at-fault driver — proving fault and damages in the traditional way. Most states use this system. ## What PIP covers When PIP applies (in no-fault, choice, or add-on states), it typically pays: - **Medical expenses** — emergency room, hospital, doctor visits, physical therapy, prescriptions - **Lost wages** — usually a percentage of your normal income, up to a cap - **Replacement services** — costs of household tasks you can't do (childcare, lawn care, etc.) - **Funeral expenses** in fatal cases - **Survivor's benefits** Each state caps these benefits, and the caps run from $5K (low end) to unlimited (Michigan's pre-2019 system). ## What PIP does NOT cover - **Pain and suffering** — never paid by PIP; only by tort claim against at-fault driver - **Property damage** — vehicle damage is handled by collision/property insurance, not PIP - **Punitive damages** - **Damages above the PIP cap** — the rest can be recovered in a tort claim if eligible ## When you can sue in a no-fault state In no-fault states, you can step OUTSIDE the no-fault system and sue if your injuries cross the state's tort threshold. Two types of thresholds: - **Monetary threshold** — your medical bills exceed a dollar amount (e.g., $4,000 in MN, $2,000 in MA) - **Verbal threshold** — your injuries fall into a defined serious-injury category (death, dismemberment, fracture, permanent injury, significant disfigurement) Some states use one, some use the other, and a few use both. ## Property damage works differently Even in no-fault states, **property damage** (vehicle repair) is usually handled on a fault basis — you sue (or claim against) the at-fault driver's insurance for car repair. PIP/no-fault rules apply to bodily injury only. ## The reform landscape No-fault systems have been heavily reformed in recent decades: - **Connecticut** repealed no-fault in 1994 - **Colorado** repealed no-fault in 2003 - **Pennsylvania, New Jersey, Kentucky, DC** offer choice systems - **Michigan** kept unlimited PIP from 1973 to 2019, when it added a tiered-choice system - **Florida** has had multiple PIP reform attempts The general direction has been to scale back no-fault — costs got hard to control with mandatory medical-only coverage. ## What you should do Whether South Dakota is no-fault, fault, or somewhere in between, the immediate steps after a crash are the same: get medical care, document the scene, notify your insurance, and don't talk to the other driver's insurance company without a lawyer. The legal system gets technical — talk to a South Dakota car accident attorney before signing anything or accepting a settlement. Most offer free consultations and work on contingency. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. No-fault and tort thresholds have many edge cases — particularly around what counts as a "serious injury" under each state's verbal threshold. Talk to a licensed South Dakota attorney about your specific situation.*