North Dakota · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in North Dakota: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Driving without liability insurance is illegal (N.D.C.C. § 39-08-20). Required.

Uninsured motorist (UM) coverage
Required
Minimum liability
25/50/25
Insurance system
No-fault
PIP required
$30,000

Uninsured motorist coverage in North Dakota

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.
Liability minimum
25/50/25
Official text
Read the official text

Compare every state in the minimum insurance table.

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).
  • 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.

Penalties for driving uninsured in North Dakota

  • For a second violation the court impounds the plates.

No-fault benefits 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. 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.

More facts for North Dakota

  • 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).

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.

Claiming from the uninsured driver in North Dakota

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

Step by step if an uninsured driver hits you in North Dakota

  1. Report the crash to 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. Reporting a crash in North Dakota and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in North Dakota it is required.
  4. File your PIP claim on time; North Dakota's no-fault benefits don't depend on who caused the crash.
  5. If your coverage doesn't pay everything, sue the driver before the deadline: 6 years for both property damage and injury. Deadlines to sue in North Dakota, with the calculator

Free help in North Dakota

Questions about uninsured drivers in North Dakota

Is uninsured motorist coverage required in North Dakota?

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.

What happens if you drive without insurance in North Dakota?

For a second violation the court impounds the plates.

What can I do if an uninsured driver hits me 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). 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.

What is the minimum car insurance in North Dakota?

25/50/25

How long do I have to sue an uninsured driver in North Dakota?

6 years for property damage and 6 years for injury.

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.

More for North Dakota drivers

Nearby states