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. Exhaustion of Tortfeasor's Coverage
8. Count I: UM/UIM Benefits Claim
9. Count II: Breach of Contract / Bad Faith
10. Damages
11. Stacking and Offset Provisions
12. Arbitration vs. Litigation
13. Prayer for Relief
14. Verification
15. 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 jurisdiction over this matter pursuant to SDCL § 16-6-9 and the amount in controversy exceeds the jurisdictional threshold.

4. Venue is proper in [________________________________] County pursuant to SDCL § 15-5-8, as the damages were inflicted and the cause of action arose in this county, and/or pursuant to SDCL § 15-5-6 as a Defendant resides in this county.

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 tortfeasor fled the scene and remains unknown
    - ☐ Insurer Insolvent/Denied — The tortfeasor's insurer has denied coverage or is insolvent

Exhaustion of Tortfeasor's Coverage

13. ☐ The tortfeasor had no liability insurance; exhaustion is not applicable.
    ☐ Plaintiff has settled with or obtained judgment against the tortfeasor's insurer for the full policy limits of $[________________________________].
    ☐ Plaintiff has provided Defendant with notice of the proposed settlement and obtained Defendant's consent before settling.

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.

Count II: Breach of Contract / Bad Faith

19. Plaintiff incorporates all preceding paragraphs by reference.

20. Defendant's refusal to pay UM/UIM benefits constitutes a breach of the insurance contract.

21. ☐ Defendant has acted in bad faith by:
    - ☐ Unreasonably delaying investigation or payment of the claim
    - ☐ Denying the claim without a reasonable basis
    - ☐ Failing to provide a reasonable explanation for denial
    - ☐ Offering an unreasonably low settlement
    - ☐ Engaging in unfair claims settlement practices
    - ☐ Other: [________________________________]

Damages

22. 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: [________________________________]

Stacking and Offset Provisions

23. ☐ Plaintiff seeks to stack UM/UIM coverage limits across multiple vehicles or policies.
    ☐ Stacking is not applicable.

24. The following offsets or reductions apply to any UM/UIM recovery:
    - ☐ Amount paid by the tortfeasor's insurer: $[________________________________]
    - ☐ Workers' compensation benefits received
    - ☐ Other applicable offsets: [________________________________]

Arbitration vs. Litigation

25. ☐ The policy contains an arbitration clause and Plaintiff elects to submit this dispute to arbitration.
    ☐ The policy does not contain a mandatory arbitration clause; Plaintiff proceeds by civil action.
    ☐ Plaintiff demands arbitration and Defendant has failed to participate.

Prayer for Relief

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

1. Compensatory damages for bodily injury, pain, suffering, and economic losses in an amount to be proven at trial;
2. UM/UIM benefits up to the policy limits of $[________________________________], less applicable offsets;
3. Damages for Defendant's bad faith, if applicable;
4. Prejudgment interest as allowed by law;
5. Attorney fees and costs of suit;
6. Such other and further relief as the Court deems just and equitable.

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: UM coverage is required under SDCL § 58-11-9 for all policies covering vehicles registered or principally garaged in South Dakota.
• 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).
• Statute of Limitations: A UM/UIM benefits claim brought against the insured's own insurer is an action on the insurance contract, not a personal-injury tort claim against the tortfeasor, and is therefore governed by South Dakota's six-year contract statute of limitations, SDCL § 15-2-13(1), rather than the three-year personal-injury statute, SDCL § 15-2-14(3). See Isaac v. State Farm Mut. Auto. Ins. Co., 522 N.W.2d 752 (S.D. 1994) (State Farm conceded that a UM claim is "a contract as opposed to a tort action and therefore governed by a six-year statute of limitations"). Note that the underlying personal-injury claim against the tortfeasor (if pursued directly) remains subject to the three-year period under SDCL § 15-2-14(3). Counsel should independently confirm accrual date and any policy-based notice/suit conditions.
• Comparative Negligence: South Dakota uses the "slight vs. gross" standard. Plaintiff's contributory negligence bars recovery only if more than "slight" in comparison to the tortfeasor's negligence (SDCL § 20-9-2).
• No-Fault: South Dakota is not a no-fault state; traditional tort system applies.
• Bad Faith: South Dakota recognizes first-party bad faith claims against insurers.

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.