Car Accident Laws in North Dakota
From snowy highways to rural intersections, car accidents happen every day in North Dakota. If you’ve been injured in a crash in cities like Fargo, Bismarck, or anywhere across the state, it’s important to understand your rights under North Dakota law. This guide explains how insurance works, how fault is determined, and how broader personal injury laws apply so you can protect your legal options after an accident.
North Dakota Is a No-Fault State
North Dakota uses a no-fault insurance system. This means that if you are injured in a car crash, your own insurance company pays for your medical expenses and lost wages, regardless of who caused the accident. This coverage is called Personal Injury Protection (PIP) and is mandatory for all drivers.
Under no-fault rules, you typically cannot sue the at-fault driver for damages like pain and suffering unless your injuries meet a certain threshold.
When You Can File a Lawsuit in North Dakota
To file a personal injury lawsuit against the at-fault driver in North Dakota, your injury must meet one of the following:
- Medical expenses of more than $2,500
- Permanent disfigurement
- Permanent injury or disability
- Death
If your injuries meet this threshold, you can pursue additional damages not covered by PIP, including pain and suffering.
Minimum Auto Insurance Requirements
North Dakota law requires drivers to carry both liability and no-fault insurance. The minimum required coverage includes:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
- $30,000 in Personal Injury Protection (PIP)
- $25,000/$50,000 in uninsured/underinsured motorist coverage
These requirements help protect both you and other drivers involved in a crash.
Modified Comparative Fault Rule
North Dakota follows a modified comparative fault system with a 50% bar. This means you can recover damages as long as you are not more than 49% at fault. If you are 50% or more responsible, you cannot recover any compensation.
If you are partially at fault, your award will be reduced by your share of responsibility. For example, if you’re awarded $100,000 but are found 20% at fault, you would receive $80,000.
Statute of Limitations for Filing a Claim
In North Dakota, the statute of limitations to file a personal injury lawsuit is six years from the date of the accident. This is one of the longest timeframes in the country, but it’s still important to act quickly to preserve evidence and strengthen your case.
For wrongful death claims, the deadline is two years from the date of death.
Reporting a Car Accident in North Dakota
You must report a car accident to law enforcement if it results in:
- Injury or death
- Property damage of $1,000 or more
If police do not investigate the scene, you must file a written report with the North Dakota Department of Transportation.
Personal Injury Law in North Dakota
In addition to car accidents, North Dakota’s personal injury laws apply to other incidents where someone else’s negligence causes harm. This includes:
- Trucking accidents
- Motorcycle crashes
- Slip and fall accidents
- Dog bites
- Product liability claims
- Medical malpractice
Victims may be entitled to compensation for medical bills, lost wages, reduced earning ability, pain and suffering, and emotional trauma. North Dakota does not cap damages in most personal injury cases, though punitive damages are rare.
Compensation You May Be Eligible to Receive
If you meet the criteria to step outside the no-fault system, you may be eligible to recover:
- Medical expenses not covered by PIP
- Lost wages and future income
- Pain and suffering
- Permanent disability or disfigurement
- Property damage
Each case is different, and the value of your claim will depend on the nature and severity of your injuries and who is at fault.
What If the At-Fault Driver Has No Insurance?
If the driver who caused your crash doesn’t have insurance—or doesn’t have enough—you may file a claim with your own uninsured or underinsured motorist (UM/UIM) policy. This coverage is required in North Dakota and can help cover expenses related to bodily injury.
UM/UIM coverage does not apply to vehicle repairs. For that, you’ll need collision or comprehensive coverage.
Can Passengers File Claims After a Crash?
Yes. Passengers in North Dakota car accidents can file a claim with the driver’s PIP insurance first. If their injuries exceed the threshold, they may also pursue a personal injury claim against the at-fault party, which could be the driver of another vehicle or even the driver of the car they were riding in.
Passengers are rarely held liable, so they are usually entitled to full compensation.
Do You Need a Lawyer After a Car Accident?
While some minor accidents may be handled directly with insurance companies, more serious injuries or disputed liability require legal help. A personal injury attorney can gather evidence, handle negotiations, and pursue full compensation on your behalf. Most North Dakota injury lawyers offer free consultations and charge no upfront fees.