Car accidents in North Dakota: what to do and who pays

At the scene and reporting a crash in North Dakota

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

If anyone is hurt or killed, or property damage looks like at least $4,000, you must tell police right away: the local police department inside a city, otherwise the county sheriff or the State Highway Patrol. Not doing so carries a $50 fine, and NDDOT may suspend your license until you comply. Give the officer your insurance company and policy number. A crash with a wild animal that damages only your own car does not have to be reported.

Damage amount

$4,000

Report to the state

No separate driver crash report form. The investigating officer sends the report to the Department of Transportation. If you could not give the officer your insurance information, you must send it to the NDDOT Driver's License Division within 5 days of the crash.

Deadline for your report

5 days

Law

N.D.C.C. §§ 39-08-09, 39-08-10

Official text

Read the official text

First 24 hours after a crash in North Dakota

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in North Dakota

North Dakota is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below.

System

No-fault

PIP, benefits and when you can sue

Required. Basic no-fault (PIP) pays up to $30,000 per person for economic loss such as medical bills and lost work, no matter who caused the crash. Lost work and survivors' income loss are capped at $150 per week, and funeral costs at $3,500. You can sue the other driver for pain and suffering only for a 'serious injury': death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500. Damage to your car is still claimed from the driver who caused the crash or their insurer. If no PIP benefits have been paid, a suit for them must be filed within 2 years after you know the loss was caused by the crash, and no later than 4 years after the crash.

Law

N.D.C.C. §§ 26.1-41-01(2), (21); 26.1-41-08; 26.1-41-19

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in North Dakota

Rule

Modified (50% bar)

What it means

In North Dakota, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Law

N.D.C.C. § 32-03.2-02 — your fault does not bar recovery unless it is as great as the combined fault of all others; damages are reduced by your share

Compare every state's rule in the comparative negligence table.

Who pays in North Dakota: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in North Dakota

Liability minimum

25/50/25

Uninsured / underinsured motorist (UM/UIM)

Required. Uninsured motorist coverage of at least $25,000 per person / $50,000 per accident, and underinsured motorist coverage equal to your uninsured limits (N.D.C.C. §§ 26.1-40-15.2, 26.1-40-15.3). Basic no-fault of $30,000 per person is also required.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in North Dakota

Buy a copy of a state-reportable crash report (injury, death or at least $4,000 damage) online from the North Dakota Department of Transportation. The fee is $7. You need at least two of: crash date, last name, county. Reports may not be available until 10 days after the crash. If you lack these details, ask the police agency that investigated. Official page: https://www.dot.nd.gov/node/6265

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in North Dakota

How fast insurers must act

No-fault (PIP) benefits are overdue if not paid within 30 days after the insurer gets reasonable proof of the loss and its amount, and overdue payments carry interest at the judgment rate (N.D.C.C. § 26.1-41-09(2)). N.D.C.C. § 26.1-04-03(9) lists unfair claim settlement practices, such as not acknowledging claim communications with reasonable promptness or not trying in good faith to settle when liability is reasonably clear.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in North Dakota

Driving without liability insurance is illegal (N.D.C.C. § 39-08-20). A violator must keep proof of insurance on file with NDDOT for 1 year or lose driving privileges, and must buy a $50 duplicate license marked with that requirement ($50 more to remove the notation). For a second violation the court impounds the plates. If an uninsured driver damages your car or property, the court must at minimum order them to pay you your insurance deductible (§ 39-08-20.1). If an uninsured driver injures you, your own required uninsured motorist coverage and no-fault benefits apply.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in North Dakota

Property damage (your car)

6 years

Injury

6 years

Notes, including claims against a government

Some injury claims, like assault or malpractice, have a 2-year deadline. To sue the State of North Dakota or a state employee, first give written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered or should have been discovered, or within 1 year for a serious injury (N.D.C.C. § 32-12.2-04).

Law

N.D.C.C. § 28-01-16(4) (injury to goods or chattels) and (5) (injury to the person not arising on contract)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in North Dakota

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in North Dakota

Small claims limit

$15,000; businesses have the same limit.

North Dakota small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in North Dakota

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• North Dakota Insurance Department · (701) 328-2440

Free help in North Dakota

• North Dakota Insurance Department · (701) 328-2440
• NDDOT crash report purchase · 701-328-2500
• North Dakota Highway Patrol · 701-328-2447

Good to know in North Dakota

• North Dakota's crash reporting threshold is high: $4,000 in property damage (N.D.C.C. § 39-08-09).
• If an uninsured driver damages your car, the court must at least order them to repay your insurance deductible (N.D.C.C. § 39-08-20.1).
• North Dakota gives 6 years to sue for both car damage and injury (N.D.C.C. § 28-01-16).

Free letters

Questions about car accidents in North Dakota

Other states