Department of Labor and Regulation

Title - Division of Insurance email the Division of Insurance

Automobile Insurance - Accident

If you are in an accident and the other driver is at fault, the insurer for that driver must gather sufficient evidence to prove you were not in any way responsible for the cause of the accident.

Insurers are not permitted to apply comparative or contributory negligence to your claim simply because you were at the scene of an accident.

If you were partially at fault, the insurance company may, depending on the degree of fault, reduce or deny payment to you.

An insurance company may issue a check in both your name and the name of the body shop only if you do not object to them doing so. If you do object, the insurance company must make the check payable only to you. However, if your car is not paid for, the insurance company must make a check out to you and the bank or car company that holds a lien on your car. This protects the interest that the bank or car company has with regard to the loan you received to buy your car.

New WreckCheck App for Smartphones

To take some of the guesswork out of a tense situation, the National Association of Insurance Commissioners (NAIC) has developed WreckCheck (Adobe .pdf* format), a new, free mobile app for iPhone® and Android® smartphones. The new app outlines what to do immediately following an accident and walks users through a step-by-step process to create their own accident report. The app directs them to capture photos and helps document and share only what is necessary to file an insurance claim. Users can even email their completed reports to themselves and their insurance agents.

No smartphone? NAIC offers a downloadable accident checklist and tips (Adobe .pdf* format) for staying calm, safe and smart on the road.

*Opening and printing Adobe .pdf files requires Adobe Acrobat Reader. Click here as needed to download the free Adobe Acrobat Reader.


Division of Insurance
124 S. Euclid Ave., 2nd Floor
Pierre, SD 57501
Tel. 605.773.3563
Fax. 605.773.5369