The Insurance Requirement
SDCL § 32-35-113 — financial responsibility at all times, a Class 2 misdemeanor without it, and a citation dismissed on proof
Every driver or owner of a motor vehicle maintains financial responsibility on it at all times, usually an owner's liability policy. Failure to maintain it is a Class 2 misdemeanor.
A driver cited for a traffic violation or in a reportable accident furnishes written evidence on the officer's request. An official electronic document from the insurer counts as written evidence. A driver who cannot produce it may be cited.
Insured, but no card. A person cited may appear before the magistrate named on the citation, or mail in written evidence, showing they were insured when cited. On acceptable evidence, the proceedings on that citation are dismissed.
Written evidence is a copy of the policy or bond, an identification card with the policy number, insurer, and dates of coverage, or the insurer's written confirmation of coverage at the time of the citation.
A crash without insurance raises questions beyond the citation. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (4)
- SDCL § 32-35-113 — Maintenance of financial responsibility; Violation as misdemeanor
- SDCL § 32-35-116 — Written evidence of financial responsibility when cited for violation or involved in accident; Electronic copy as written evidence; Citation for noncompliance
- SDCL § 32-35-117 — Appearance before magistrate to provide written evidence of financial responsibility; Submission by mail in lieu of appearance; Dismissal of proceedings
- SDCL § 32-35-119 — Written evidence of insurance; Electronic copy as written evidence
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.