You have 3 years from the crash date to file a South Dakota injury lawsuit, or you can lose the right to force payment.

The insurance company will usually tell you to wait until they "figure out fault," or act like you have to choose one policy and stick with it.

What is actually true is that, as a rideshare passenger, you can usually make claims against every driver who may have caused the crash. You were not driving. If your Uber was hit on Highway 44 between Rapid City and the Badlands, for example, the Uber driver, the other driver, or both could share fault on a narrow two-lane road with no shoulders.

South Dakota follows fault-based injury law. That means the claim is supposed to be paid by the driver or drivers who caused the wreck. And for rideshares, there is another layer: when the Uber or Lyft driver has accepted a ride or has a passenger in the car, South Dakota law requires at least $1 million in liability coverage through the transportation network company.

So the possible insurance sources can include:

• the other driver's liability policy
• the Uber or Lyft driver's personal policy, if it applies
• the rideshare company's $1 million policy while you were being transported

You do not have to guess correctly on day one which insurer will pay. Claims can be opened with more than one carrier while fault gets sorted out.

If police came to the scene in Rapid City, get the crash report. If they did not, South Dakota crash-reporting rules still matter, especially when there is injury or significant vehicle damage. That report helps pin down which insurer is trying to dodge responsibility.

Also watch the money side. Before taking a quick settlement to clear medical debt, find out whether Monument Health, ambulance providers, your health insurer, or South Dakota Medicaid expects reimbursement from the settlement.