South Dakota
Diminished Value Overview
In South Dakota, a vehicle involved in a not at fault accident may lose market value even after repairs are completed. When another driver is responsible for the accident, South Dakota law allows you to pursue compensation for that loss in value from the at fault driver’s insurance company as part of your property damage claim. South Dakota recognizes diminished value claims when the loss is properly documented.
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01
Statute of Limitations
South Dakota allows three years from the date of the accident to pursue a diminished value claim.
02
Third-Party Claims
Diminished value claims can be pursued against the at fault driver’s liability insurance when another driver caused the accident.
03
First-Party and Uninsured Motorist
Most first party policies in South Dakota do not cover diminished value, and uninsured or underinsured motorist coverage generally does not apply to diminished value claims.
04
Small Claims Court Limit
South Dakota small claims court allows diminished value claims up to $12,000.
South Dakota Diminished Value Law
South Dakota does not have reported appellate case law specifically addressing automobile diminished value claims. However, South Dakota courts measure damages to personal property by the loss in value caused by the injury. When a vehicle is damaged due to another party’s negligence and repairs do not fully restore it to its pre loss condition and market value, recovery of the remaining loss in value is consistent with South Dakota’s general principles governing property damage claims.
Restatement (Second) of Torts § 928 – Harm to Chattels
The Restatement (Second) of Torts § 928 provides that when personal property is damaged but not totally destroyed, the proper measure of damages includes compensation for the difference between the value of the property before the harm and its value after the harm. In appropriate cases, damages may also include the reasonable cost of repair or restoration, with due allowance for any remaining loss in value after repairs are completed.