# North Dakota car accident law: deadlines, fault and your claim

> North Dakota car accident claims: the 6-year injury deadline, no-fault benefits and the serious injury threshold, the 50% fault bar and crash reports.

Canonical page: https://accidentclaimfacts.com/location/north-dakota/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In North Dakota you generally have 6 years from the crash to sue for injuries or vehicle damage, but only 2 years from the date of death for a wrongful death claim. North Dakota is a no-fault state: your own no-fault coverage pays up to $30,000 of economic loss, and you can sue another driver for pain and suffering only after a "serious injury". If you were 50% or more at fault, you recover nothing.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 6 years | N.D. Cent. Code § 28-01-16(5) |
| Vehicle damage deadline | 6 years | N.D. Cent. Code § 28-01-16(4) |
| Wrongful death deadline | 2 years | From the date of death |
| Fault rule | Barred at 50% or more | Damages cut by your share |
| Notice to the State | 180 days | One year for a serious injury |
| Minimum liability insurance | $25,000 / $50,000 / $25,000 | Per person / per crash / property |
| Fault system | No-fault | $30,000 of basic no-fault benefits |
| Traffic deaths in North Dakota, 2024 | 90 | IIHS |
| Find a lawyer | North Dakota Supreme Court lawyer search | Linked from the State Bar Association |

## Filing deadlines in North Dakota

North Dakota's statute of limitations gives you 6 years to file most injury and property damage suits. Wrongful death is much shorter, and claims against government bodies have their own rules.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 6 years | N.D. Cent. Code § 28-01-16(5) |
| Damage to your vehicle or other property | 6 years | N.D. Cent. Code § 28-01-16(4) |
| Wrongful death | 2 years from the date of death | N.D. Cent. Code § 28-01-18(4) |
| Claim against the State | Notice within 180 days; lawsuit within 3 years | N.D.C.C. §§ 32-12.2-04, 28-01-22.1 |
| Claim against a city, county or other political subdivision | Lawsuit within 3 years | N.D.C.C. § 32-12.1-10 |

For an injured child, the time a child is under 18 is not counted, but the extension cannot run longer than one year after the child turns 18. Because this form of tolling is capped, a lawyer can work out the exact deadline for a child's claim.

A claim against the State starts with written notice of the claim to the director of the Office of Management and Budget within 180 days after the injury is discovered, or within one year for a serious injury. The notice must state the time, place and circumstances of the claim and the amount demanded. A suit against a city or county must be filed within 3 years, much sooner than the usual injury deadline.

> **Warning:** Insurance talks do not pause any of these deadlines. A six-year deadline can feel distant, but evidence and witnesses fade, and the government deadlines are much shorter.

## How fault is shared in North Dakota

North Dakota uses modified comparative fault. Under N.D.C.C. § 32-03.2-02, your own fault does not bar recovery unless it was as great as the combined fault of everyone else who contributed to the injury. If your share is smaller, your damages are reduced by it.

> **Example:** A jury finds you 30% at fault for a crash on a gravel county road and the other driver 70%. Your damages are cut by 30%. If the jury splits fault 50/50, you recover nothing, because your share is as great as the other driver's.

North Dakota also limits what each defendant pays: each party at fault pays only its own percentage of the damages, unless they acted in concert. So if one at-fault driver cannot pay, the others generally do not have to pay that driver's share. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=nd&fault=20#fault) to compare North Dakota with other states.

## Insurance in North Dakota

North Dakota drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Every policy also carries basic no-fault benefits of up to $30,000 per person for economic loss, whoever caused the crash:

- **Medical expenses** and rehabilitation costs.
- **Work loss:** 85% of lost income, up to $150 a week.
- **Funeral, cremation and burial costs:** up to $3,500.

No-fault benefits do not cover vehicle damage; that claim goes to the at-fault driver or your own collision coverage. See [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/).

Other required coverage:

- **Uninsured motorist:** Required: $25,000/$50,000.
- **Underinsured motorist:** Required: equal to your uninsured motorist coverage.

The Insurance Information Institute estimates that 10.6% of North Dakota drivers were uninsured in 2023. Questions about an insurer go to the North Dakota Insurance Department at 701-328-2440.

## After a crash in North Dakota

If a crash injures or kills anyone, or causes apparent property damage of at least $4,000, the driver must immediately notify the local police department inside a city, or the county sheriff or the State Highway Patrol outside one. Drivers involved must also give their name, address, insurer and vehicle registration number, and offer reasonable help to anyone who is hurt.

To get a copy of the crash report, buy it online through the North Dakota Department of Transportation's Purchase Crash Report portal. The fee is $7, and you need at least two of the crash date, a last name and the county. A report may not be online in the first 10 days after a crash; if you cannot find it, contact the agency that investigated. Our guide to [police reports](https://accidentclaimfacts.com/claim-process/police-report/) explains how to check one for errors.

## Special rules in North Dakota

**The serious injury threshold.** Under N.D.C.C. § 26.1-41-08, you can sue another driver for pain and suffering only after a serious injury, and for economic losses only beyond your basic no-fault benefits. A "serious injury" is one that results in death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500. Because a medical-bill amount can meet the serious injury threshold, the size of your medical bills matters to whether you can claim [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/).

**Government liability limits.** The State pays no more than $500,000 per person and $2,000,000 per occurrence. Cities, counties and other political subdivisions have the same limits: $500,000 per person and $2,000,000 per occurrence.

**Punitive damages.** Exemplary (punitive) damages are capped at two times compensatory damages or $250,000, whichever is greater.

## Crashes on North Dakota roads

IIHS counted 90 crash deaths in North Dakota in 2024, or 11.3 per 100,000 people, against 11.5 per 100,000 people nationally. That year, 81% of deaths happened on rural roads and 22% were speeding-related. IIHS estimates that 27% of passenger-vehicle drivers killed had a blood alcohol level of 0.08% or higher.

## Finding a lawyer in North Dakota

The State Bar Association of North Dakota's "Find a Lawyer" link leads to the North Dakota Supreme Court's [lawyer search](https://www.ndcourts.gov/lawyers), which lists licensed lawyers by last initial, city and license status. Use it to confirm that any lawyer you are considering is licensed. See [how to check a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) and [how referral services work](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/).

## FAQ

### What is the statute of limitations for a car accident in North Dakota?

Generally 6 years from the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. Claims against the State need written notice within 180 days, and suits against a city or county must be filed within 3 years.

### Is North Dakota a no-fault state?

Yes. Your basic no-fault benefits pay up to $30,000 of medical bills, work loss and other economic loss, whoever caused the crash. You can sue the other driver for pain and suffering only after a serious injury.

### What counts as a serious injury in North Dakota?

An injury that results in death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500. Meeting the definition lets you sue for non-economic loss such as pain and suffering.

### Can I recover if I was partly at fault in North Dakota?

Yes, if your fault is less than the combined fault of the others involved. Your damages are reduced by your share. At 50% or more, you recover nothing.

### Do I have to report a car accident in North Dakota?

Yes, to the police right away if anyone is hurt or killed or property damage appears to be at least $4,000. Inside a city, call the local police; elsewhere, the sheriff or the State Highway Patrol.

### How do I get a North Dakota crash report?

Buy it through the NDDOT online portal for $7. Reports may not be available in the first 10 days; the investigating agency can help if you cannot find yours.

## Sources

- [North Dakota Legislative Assembly, N.D.C.C. chapter 26.1-41](https://ndlegis.gov/cencode/t26-1c41.pdf) — no-fault benefits and the serious injury threshold
- [North Dakota Legislative Assembly, N.D.C.C. chapter 32-03.2](https://ndlegis.gov/cencode/t32c03-2.pdf) — comparative fault, several liability and exemplary damages
- [North Dakota Legislative Assembly, N.D.C.C. chapter 39-08](https://ndlegis.gov/cencode/t39c08.pdf) — duties after a crash
- [North Dakota Department of Transportation, Purchase a crash report](https://www.dot.nd.gov/travel-and-safety/safety/purchase-crash-report)
- [North Dakota Insurance Department, Auto](https://www.insurance.nd.gov/consumers/insurance/auto)
- [North Dakota Legislative Assembly, N.D.C.C. § 28-01-16](https://ndlegis.gov/api/cencode/t28c01.pdf), checked October 29, 2026
- [North Dakota Legislative Assembly, N.D.C.C. § 32-12.2-04(1)(a)](https://ndlegis.gov/cencode/t32c12-2.pdf), checked October 29, 2026
- [North Dakota Legislative Assembly, N.D.C.C. § 28-01-22.1](https://ndlegis.gov/cencode/t28c01.pdf), checked October 29, 2026
- [North Dakota Legislative Assembly, N.D.C.C. § 32-12.1-10](https://ndlegis.gov/cencode/t32c12-1.pdf), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 28, 2026
- [North Dakota Insurance Department, Contact Us](https://www.insurance.nd.gov/about-us/contact-us), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026