STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
October 6, 1975
Mr. Donald Dahlin
Department of Public Safety
Public Safety Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-170
Proper way to figure damage to a vehicle
Dear Mr. Dahlin:
You have requested an official opinion from this office based on the following factual situation.
SDCL 32-34-7 sets forth the requirements necessary in the reporting of an automobile accident. It states that the driver involved in an accident resulting in property damage to an apparent extent of two hundred fifty dollars is required to make a report immediately.
Law enforcement officers throughout the state determine damage costs through use of an estimate arrived at by using cost of new materials or parts and labor as ascertained by the body shop profession and motor vehicle dealers.
Based on the above factual situation you ask:
1. Is this the proper way to figure damage to a vehicle?
2. Would a person utilizing used parts at a lesser cost be free from reporting the accident if, because of less costly parts, his total cost to repair was below two hundred fifty dollars?
3. Would the driver of a motor vehicle, which is valued at less than two hundred fifty dollars, be required to report an accident in which he totals his vehicle out completely, and, although new parts and labor estimates exceed two hundred fifty dollars, the total value of his vehicle is less than that figure?
SDCL 32-34-7 provides:
The driver of any vehicle involved in an accident resulting in injuries or death to any person or property damage to an apparent extent of two hundred fifty dollars or more shall immediately by the quickest means of communication give notice of such accident to the nearest available peace officer who has jurisdiction.
The provisions of SDCL 32-34-7 provide that in the event an accident occurs which results in injuries or death to any person, the driver of any vehicle involved in such accident must immediately report the accident to the nearest available peace officer who has jurisdiction. I presume the question you ask is limited to fact situations in which there is an accident in which there is no injury or death to any person involved.
The thrust of SDCL 32-34-7 seems to place on the driver of any vehicle involved in such an accident the determination of whether or not damage to the vehicle is to the extent of two hundred fifty dollars or more. Quite frankly, from the standpoint of a law enforcement officer I would believe the determination of damage in such an accident to be based on the cost of new material or parts and labor according to the standards you describe above. This does not mean, however, that the driver of any vehicle involved in an accident would necessarily be required to use this same standard of ascertaining damage to a vehicle. The answer to your first question therefore is YES, I believe the standard used by the law enforcement officers is the proper way for them to figure damage to a vehicle. This does not mean, however, that this same method is required of drivers involved in accidents resulting in property damage who must according to SDCL 32-34-7 make the decision of whether or not the damage exceeds two hundred fifty dollars.
With respect to your second question it is my judgment that SDCL 32-34-7 would permit a person to be exempt from the reporting requirement if such person were able to repair the damage for less than two hundred fifty dollars.
In regard to your third question it is my opinion that the individual you describe would not have to report if he does not intend to repair the car or if he intends to repair it with old parts which would not exceed two hundred fifty dollars in value. If, however, he intends to have the car repaired in a way which would cost over two hundred fifty dollars he would have to report.
Respectfully submitted,
William Janklow
Attorney General
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