STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

October 29, 1974

George F. Bennett
Secretary of Public Safety
118 West Capitol
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-46

Duty to give immediate notice of accident to peace officer

Dear Mr. Bennett:

You have requested my official opinion relative to the following factual situation:

Subject A was involved in a motor vehicle accident with Subject B. The damage to Subject A's vehicle amounted to $100.00. The damage to Subject B's vehicle amounted to $200.00.

You have presented the following question:

Is either driver required to notify the nearest available peace officer of the accident?

SDCL 32-34-7 as amended provides insofar as material to your question as follows:

The driver of any vehicle involved in an accident resulting in ... property damage to an apparent extent of two hundred fifty dollars or more shall immediately by the quickest means of communication give notice ... to the nearest peace officer who has jurisdiction.

In arriving at the intention of the Legislature in passing this section, we may consider SL 1945 Ch. 190; SL 1955 Ch. 172; SL 1961 Ch. 226; SL 1967 Ch. 193 and SL 1973 Ch. 214; the titles of all these session laws relate to duty to report accidents.

It is noted that all of these titles do not limit accidents which are to be reported but provide for the reporting of all accidents. The collision of two vehicles is an accident and the property damage thereby caused is reportable under SDCL 32-34-7 if the property damage is an apparent extent of two hundred and fifty dollars or more. Nowhere in the law is it provided or does it appear to be the intent of the Legislature that the apparent extent of property damage of two hundred fifty dollars or more need be done to a single vehicle.

The opinion rendered by one of my predecessors appearing in the 1963-64 AGR p. 412 only interpreted what was SDCL 32-35-2 and SDCL 32-35-3, both of which have been repealed by SL 1972, Ch. 185 § 1 and § 2.

It is my opinion that your question must be answered in the affirmative. The language of SDCL 32-34-7 quite clearly states that whenever the driver of any vehicle is involved in an accident which has resulted in property damage in excess of two hundred fifty dollars, notice must be given by the quickest means of communication to the nearest available peace officer who has jurisdiction. There is no question but that both of the drivers in your situation would be bound by the terms of the statute to report the accident. They were both drivers involved in the accident; and once it was determined that the total apparent extent of damage was in excess of two hundred fifty dollars, both were equally responsible for reporting under the statute.

Respectfully submitted,

Kermit A. Sande
Attorney General

KAS:RVJ:rw