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

Filing deadlines in North Dakota#

North Dakota's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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.

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 tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary 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.

How fault is shared in North Dakota#

North Dakota uses modified comparative faultModified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary. 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.

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 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.

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 reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary, 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 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 thresholdSerious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary, the size of your medical bills matters to whether you can claim 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, 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 and how referral services work.