Uninsured/Underinsured Motorist Complaint - South Dakota

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Identification
5. Facts of the Accident
6. Uninsured or Underinsured Status of Tortfeasor
7. Liability Coverage and Payments
8. Count I: UM/UIM Benefits Claim
9. Damages
10. Prayer for Relief
11. Verification
12. South Dakota Practice Notes

Caption

IN THE CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT
[________________________________] COUNTY, SOUTH DAKOTA

Civ. No.: [________________________________]

Parties

1. Plaintiff, [PLAINTIFF NAME], is an individual residing at [________________________________], [________________________________] County, South Dakota, and a person insured under the motor vehicle insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME], is an insurance company authorized to do business in South Dakota, with its principal office at [________________________________].

Jurisdiction and Venue

3. This Court has original jurisdiction over this civil action under SDCL § 16-6-9.

4. Venue is proper in [COUNTY] County under [IDENTIFY APPLICABLE VENUE PROVISION] because [STATE FACTS ESTABLISHING VENUE].

Insurance Policy Identification

5. On or about [__/__/____], Defendant issued automobile insurance policy number [________________________________] to Plaintiff, effective from [__/__/____] to [__/__/____].

6. The policy provides:

   • ☐ Uninsured Motorist (UM) coverage with limits of $[________________________________] per person / $[________________________________] per accident
   • ☐ Underinsured Motorist (UIM) coverage with limits of $[________________________________] per person / $[________________________________] per accident

7. Plaintiff has paid all premiums due and has fully complied with all conditions of the policy.

Facts of the Accident

8. On [__/__/____], at approximately [____] a.m./p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [________________________________] County, South Dakota.

9. At that time and place, a motor vehicle operated by [TORTFEASOR NAME] negligently caused a collision with Plaintiff's vehicle.

10. The tortfeasor's negligent acts include but are not limited to:

    • ☐ Failure to yield the right of way
    • ☐ Following too closely
    • ☐ Distracted driving
    • ☐ Driving under the influence of alcohol or drugs
    • ☐ Exceeding the posted speed limit
    • ☐ Failure to obey traffic control devices
    • ☐ Improper passing or lane change
    • ☐ Other: [________________________________]

11. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries and economic losses.

Uninsured or Underinsured Status of Tortfeasor

12. The tortfeasor's motor vehicle qualifies as:
    • ☐ Uninsured — No liability insurance was in effect at the time of the accident
    • ☐ Underinsured — The tortfeasor's liability coverage limits of $[________________________________] are insufficient to fully compensate Plaintiff for damages sustained
    • ☐ Hit-and-Run / Unidentified — The driver of the other vehicle fled the scene and remains unknown; state the facts supporting UM coverage under the policy: [FACTS]

Liability Coverage and Payments

13. The other driver's liability coverage, if any, had a limit of $[AMOUNT]. Plaintiff has received $[AMOUNT] from that insurer and $[AMOUNT] from any other identified source. [DESCRIBE ANY JUDGMENT OR SETTLEMENT AND THE POLICY TERMS RELEVANT TO THIS CLAIM.]

14. Pursuant to SDCL § 58-11-9.5, the insured's UIM recovery is limited to the difference between the UIM policy limits and the amount paid by the tortfeasor's liability insurer.

Count I: UM/UIM Benefits Claim

15. Plaintiff incorporates all preceding paragraphs by reference.

16. Plaintiff is legally entitled to recover damages from the tortfeasor for bodily injury or death arising from the ownership, maintenance, or use of an uninsured/underinsured motor vehicle.

17. Pursuant to SDCL §§ 58-11-9 and 58-11-9.4, Defendant is obligated to pay UM/UIM benefits to Plaintiff under the policy.

18. Defendant has failed or refused to pay the UM/UIM benefits owed, despite Plaintiff's compliance with all policy conditions and demand for payment.

Damages

19. As a direct and proximate result of the accident, Plaintiff has suffered:
    • ☐ Past medical expenses: $[________________________________]
    • ☐ Future medical expenses: $[________________________________]
    • ☐ Past lost wages: $[________________________________]
    • ☐ Future lost earning capacity: $[________________________________]
    • ☐ Pain and suffering: $[________________________________]
    • ☐ Mental anguish and emotional distress: $[________________________________]
    • ☐ Loss of enjoyment of life: $[________________________________]
    • ☐ Permanent impairment or disability: $[________________________________]
    • ☐ Other: [________________________________]

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

1. UM/UIM policy benefits for covered, uncompensated damages in an amount proven at trial, subject to the policy limits and any applicable credit for liability-insurer payments;
2. Prejudgment interest, costs, and attorney fees only to the extent authorized by applicable law or the policy; and
3. Any other relief the Court finds proper.

Verification

I, [PLAINTIFF NAME], under oath, state that I have read the foregoing Complaint, and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

South Dakota Practice Notes

• Mandatory UM Coverage: SDCL § 58-11-9 requires UM coverage in qualifying South Dakota motor vehicle liability policies, except for snowmobiles; policies insuring government owned vehicles need not provide it.
• UIM Separate Statute: UIM coverage is governed by SDCL § 58-11-9.4, separate from UM.
• UIM Offset Formula: SDCL § 58-11-9.5 limits UIM recovery to the difference between UIM policy limits and the amount paid by the tortfeasor's insurer.
• UM Limits Cap: Default UM limits equal the policy's liability limits but cannot exceed $100,000/$300,000 unless additional coverage is requested (SDCL § 58-11-9).
• Limitations: SDCL § 15-2-13(1) sets a six-year period for actions upon a contract, obligation, or liability. Determine the proper classification and accrual date for each proposed claim, and check any policy notice or suit condition before filing.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed South Dakota attorney before filing. Verify all statutory citations against the current South Dakota Codified Laws.