North Dakota · Comparative fault · Updated Oct 2026

Comparative fault in North Dakota: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in North Dakota, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
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
Insurance system
No-fault

Insurance and small claims in North Dakota

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.

Small claims limit for car damage in North Dakota: $15,000; businesses have the same limit. North Dakota small claims guide on Small Claims Map

How fast an insurer must handle a claim in North Dakota

  • 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.

If the insurer says you were partly at fault

  1. Get the police report. 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. Reporting a crash in North Dakota and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to North Dakota Insurance Department.
  4. Sue before the deadline: 6 years for both property damage and injury. Deadlines to sue in North Dakota, with the calculator

Who pays in North Dakota: fault and payout explainer

Modified comparative fault (50% bar)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).

Free help in North Dakota

Questions about comparative fault in North Dakota

Is North Dakota a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. 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.

Does fault still matter in North Dakota's no-fault system?

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. 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.

Where can I complain if an insurer blames me unfairly in North Dakota?

North Dakota Insurance Department: https://www.insurance.nd.gov/consumers/complaints · (701) 328-2440

How fast must an insurer handle a car insurance claim in North Dakota?

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.

How do I get 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

More for North Dakota drivers

Nearby states

Sources

Last checked: Oct 24, 2026.