North Dakota · Deadline to sue · Updated Oct 2026

Deadline to sue after a car accident in North Dakota

Time limits, government claims and a calculator.

Short answer

In North Dakota, you generally have 6 years from the crash to sue, for car damage and for an injury. 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).

Property damage (your car)
6 years
Injury
6 years
Law
N.D.C.C. § 28-01-16(4) (injury to goods or chattels) and (5) (injury to the person not arising on contract)
Small claims limit
$15,000

Claims against a government in North Dakota

  • 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).

Other notes on the North Dakota deadlines

  • Some injury claims, like assault or malpractice, have a 2-year deadline.

Shorter time limits to watch in North Dakota

  • No-fault (PIP): 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.
  • Crash report: 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.

More facts for North Dakota

  • North Dakota gives 6 years to sue for both car damage and injury (N.D.C.C. § 28-01-16).

Deadline to sue in North Dakota

North Dakota: 6 years for property damageEnter the date of the crash to see the last day to file a lawsuit.

Protecting your deadline in North Dakota

  1. Deadline for both kinds of claim in North Dakota: 6 years.
  2. If a government was involved, act fast. 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).
  3. Small claims, for car damage up to $15,000: North Dakota small claims guide on Small Claims Map
  4. Don't wait for the insurer: talks with an adjuster don't stop the clock.

Free help in North Dakota

Questions about deadlines to sue in North Dakota

How long do you have to sue after a car accident in North Dakota?

6 years from the crash, for car damage and for an injury (N.D.C.C. § 28-01-16(4) (injury to goods or chattels) and (5) (injury to the person not arising on contract)).

How do claims against a government work in North Dakota?

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).

What is the small claims limit in North Dakota?

$15,000; businesses have the same limit.

More for North Dakota drivers

Nearby states

Sources

Last checked: Oct 24, 2026.