
| Insurance System | No-fault; basic no-fault benefits up to $30,000, plus required liability and UM/UIM coverage* |
|---|---|
| Comparative Fault Standard | Modified comparative fault; barred if your fault equals or exceeds the combined fault of others (50%)** |
| Punitive Damages | Capped at the greater of 2x compensatory damages or $250,000*** |
| Personal Injury / Property Damage Statute of Limitations | 6 years from the date of the accident |
| Wrongful Death Statute of Limitations | 2 years from the date of death |
| Government Entity Claims | State and local: capped at $500,000 per person / $2,000,000 per occurrence, suit within 3 years. State claims also need written notice within 180 days (1 year for serious injury or death)**** |
| Minimum Bodily Injury / Property Damage Coverage | $25,000 per person / $50,000 per accident / $25,000 property damage |
| UM/UIM Required | Yes; UM at least 25,000/50,000, UIM equal to UM |
| Accident Reporting | Notify police immediately for injury, death, or $4,000+ in property damage |
*You can sue the at-fault driver for pain and suffering only after a “serious injury”: death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500.
**You recover at 49% or less, reduced by your share of fault.
***Requires clear and convincing proof of oppression, fraud, or malice, and a court motion to add the claim.
****Neither the state nor local governments can be liable for punitive damages.
North Dakota is a no-fault insurance state. After a crash, your own insurance company pays your medical care costs and loss of income up to a limit, whoever caused it. That shapes the North Dakota car insurance requirements: North Dakota drivers must carry liability insurance, basic no-fault benefits, and uninsured and underinsured motorist coverage on every vehicle registered or operated in the state, from an insurer authorized to do business in North Dakota (N.D.C.C. 26.1-41-02). These mandatory insurance laws apply to out-of-state vehicles too, which can use a policy from their home state’s insurer.
North Dakota’s insurance requirements set the minimum amount of each required coverage:
Your own policy pays your initial economic losses, such as initial medical expenses and lost income, without regard to fault, and it’s primary (N.D.C.C. 26.1-41):
Each insurer must also offer optional excess no-fault benefits, up to $80,000 in total. Benefits can’t be stacked across policies, and they aren’t payable if you were injured in a racing contest, intentionally hurt yourself or someone else, were using a vehicle without permission, or were in your own uninsured vehicle.
North Dakota uninsured motorist coverage pays for your bodily injury when the other driver is uninsured, and underinsured coverage applies when their liability limits are lower than your underinsured limits (N.D.C.C. 26.1-40-15.1 to 15.3). A driver counts as uninsured if:
Underinsured coverage also applies when payments to other injured people have used up the other driver’s limits. Your uninsured limits default to the 25,000/50,000 minimum, and the insurer must offer higher limits on request, up to your own liability limits or 100,000/300,000, whichever is less. The coverage has these limits:
Collision, comprehensive, towing, GAP, and death and dismemberment coverage are optional, as are higher limits. Your property damage liability coverage also covers damage and loss of use for a private passenger vehicle you rent for 30 continuous days or less, whether or not you were at fault (N.D.C.C. 26.1-40-17.1).
An insurer can cancel an insurance policy only for reasons listed in the statute, including nonpayment, license or registration suspension, and fraud (N.D.C.C. 26.1-40-02). They must give 20 days’ written notice, or 10 for nonpayment, and 30 days’ notice before declining to renew (26.1-40-03 and 26.1-40-05).
Coverage depends on what the driver is doing (N.D.C.C. ch. 26.1-40.1):
The driver’s own rideshare policy or the company’s policy can satisfy these requirements, and if the driver’s policy excludes the claim or has lapsed, the company must provide coverage from the first dollar. Drivers delivering for a delivery network company have the same minimums during delivery periods, but a personal auto policy can exclude those periods entirely (ch. 26.1-40.2).
Driving, or letting someone drive, without liability coverage is a violation (N.D.C.C. 39-08-20). If you’re stopped, you must show proof of insurance, paper or electronic. If you show later that a policy was in effect at the time of the stop, the charge fails, but buying a policy after the stop doesn’t count. A non-owner driver isn’t in violation if they identify the owner and explain how they came to drive. The consequences include:
After certain violations, such as a DUI or driving under suspension, or after an unpaid judgment from a crash, the state can suspend your license until you show proof of future financial responsibility (N.D.C.C. 39-16.1). Proof can be an insurer’s certificate, a surety bond, or a $25,000 deposit with the Bank of North Dakota. The requirement can end after one year with no new qualifying convictions (39-16.1-19).
The North Dakota modified comparative fault system works under N.D.C.C. 32-03.2-02. Your own fault doesn’t bar a claim unless it was as great as the combined fault of everyone else who contributed to the injury, so you’re barred at 50% and can recover at 49%. Your damages are reduced by your percentage of fault. These fault rules apply to any personal injury lawsuit after a crash. Take a verdict of $100,000:
Because your fault is compared to everyone else’s combined, you can recover even if you carry more fault than any single other driver. If you’re 40% at fault and two other drivers are 30% each, you recover 60% of your damages.
When two or more drivers are at fault, each is liable only for their own percentage, not for the whole judgment (N.D.C.C. 32-03.2-02). The exception is people who act together in committing a wrongful act, who are jointly liable for their combined share. The jury can assign fault to anyone who contributed, including people who aren’t part of the lawsuit. That matters if another driver is uninsured or unidentified. Suppose a jury finds you 0% at fault, Driver A 70%, and Driver B 30%. Driver A owes you 70% of your damages, but you can’t collect Driver B’s 30% from Driver A. That gap is where your uninsured motorist coverage can help.
Your own no-fault insurer pays first, without regard to fault. You can sue the at-fault driver for pain and suffering and other non-economic damages only if you have a “serious injury”: death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500 (N.D.C.C. 26.1-41-01 and 26.1-41-08). Economic losses beyond what no-fault benefits pay, such as lost income above the weekly cap, can still be claimed from the at-fault driver as further compensation.
In a two-driver crash, your property damage recovery isn’t reduced by your own fault if the other driver is more than 50% at fault and you’re seeking no more than $5,000 in direct damage and $1,000 in indirect damage, such as rental or storage (N.D.C.C. 32-03.2-02.1). Say you suffer $4,000 in vehicle damage and $1,000 in rental costs, and the other driver is 55% at fault. You collect the full $5,000, even though you’re 45% at fault.
A passenger receives no-fault benefits from the policy covering the vehicle they were riding in, and can sue a negligent driver for non-economic damages if they meet the serious injury threshold. A passenger is rarely at fault, but a passenger’s own fault would reduce their recovery in the same way.
The North Dakota seat belt law requires every occupant of a passenger vehicle to wear a properly adjusted and fastened belt (N.D.C.C. 39-21-41.4). Children under 8 must ride in a child restraint unless they’re at least 57 inches tall, and children 8 through 17 must use a restraint or a belt (39-21-41.2). Exceptions include farm vehicle operators, rural mail carriers on duty, medical exemptions with a signed statement, and emergency medical personnel giving patient care.
A 2023 law repealed secondary enforcement, so an officer can cite a driver for a belt violation alone. A violation isn’t evidence of negligence, and it can’t be raised in any proceeding other than one charging the violation, so it can’t be used against you in your injury claim.
After a North Dakota auto accident, the North Dakota car accident statute of limitations gives you six years for most claims, but some important deadlines are much shorter:
A lawsuit counts as started only when the summons is served on the defendant. It also counts if you deliver the summons to a sheriff intending service and it’s actually served, or published, within 60 days (28-01-38).
In specific circumstances, the deadline can be extended
Government claims have their own shorter rules. See our guide to sovereign immunity in personal injury cases.
A crash is reportable if it injures or kills anyone, or causes apparent property damage of at least $4,000 (N.D.C.C. 39-08-09). A crash with an undomesticated animal that causes only property damage to your vehicle is not reportable, whatever the damage.
Do the following, in this order:
Leaving a crash carries serious penalties. It’s a class A misdemeanor if someone is hurt, a class C felony for serious injury, and a class B felony for a death. A conviction costs you your license. Leaving a property-damage-only crash is a class B misdemeanor (39-08-05), and leaving an unattended vehicle without a note is a class A misdemeanor. Under 39-08-04.1, an unpaid volunteer who gives emergency care in good faith isn’t liable for damages unless they act with intoxication, willful misconduct, or gross negligence.
The investigating officer sends a report electronically to the DOT, and must forward it within 10 days (39-08-10 and 39-08-13). Copies of crash reports can’t be used as evidence in a damages lawsuit or criminal case arising from the crash, and reports filed by the people involved are confidential and not evidence either (39-08-13 and 39-08-14). Insurers still read them, though, so if a report has mistakes, see our guide to inaccurate police reports.
To get a North Dakota accident report, request one online through the NDDOT crash report portal:
Anyone can request a report, but unless you’re a party to the crash, a party’s legal representative, or an insurer, the copy leaves out driver ID numbers, phone numbers, insurance details, birth dates, and information about minors (39-08-13).
North Dakota’s car accident compensation laws don’t cap damages in a car accident lawsuit. Economic damages cover your injury costs: medical expenses, rehabilitation, custodial care, lost earnings and earning capacity, lost support, burial costs, the cost of substitute household services, and other monetary losses (N.D.C.C. 32-03.2-04). The jury finds past economic damages, future economic damages, and non-economic damages separately (32-03.2-05). Any economic loss already covered by basic no-fault benefits can’t be claimed again from the at-fault driver, as covered in the Fault section. If a jury awards more than $250,000 in economic damages, the party paying can ask the court to review it for reasonableness and reduce it, and that party carries the burden of proving the award is unreasonable (32-03.2-08).
Non-economic damages cover pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, fear of injury or illness, loss of society and companionship, loss of consortium, injury to reputation, and humiliation (32-03.2-04). You can pursue them against the at-fault driver only if you meet the serious injury threshold. They aren’t capped in a car accident claim, because the state’s non-economic cap applies only to health care malpractice (32-42-02).
After the verdict, the party paying economic damages can ask the court to reduce them by payments you received from other sources that you don’t have to repay (32-03.2-06). The reduction doesn’t include life insurance, death or retirement benefits, or any insurance or benefit you bought yourself. The jury isn’t told about this reduction (32-03.2-10), and a motion to reduce must be made within 10 days of the verdict (32-03.2-12).
North Dakota calls them exemplary damages. You must prove oppression, fraud, or malice by clear and convincing evidence, and “malice” means either a direct intention to injure or reckless disregard of another’s rights (32-03.2-01 and 32-03.2-11). The rules are strict:
See our guide to punitive damages in car accident cases.
A death claim can recover the economic and non-economic damages above, including burial costs, lost support, and loss of society and companionship. The jury awards damages proportionate to the injury the death caused the people entitled to recover (N.D.C.C. 32-21-02). The people who can bring the action, in order, are the surviving spouse, children, mother or father, a grandparent, the personal representative, and then a person who had primary physical custody of the decedent. If the first person refuses or neglects to sue within 30 days of a demand, the next one may (32-21-03). The recovery isn’t available to the decedent’s creditors. It goes to the heirs at law, in shares the judge sets (32-21-04).
Both the state and local governments (cities, counties, townships, and school districts) are capped at $500,000 per person and $2,000,000 per occurrence, since the schedule reached its final step on July 1, 2026. Neither can be held liable for punitive damages (N.D.C.C. 32-12.2-02 and 32-12.1-03). The state also isn’t liable for claims based on snow, ice, water, or debris on a highway or bridge, unless a state employee’s negligent act caused the condition.
Because North Dakota is a no-fault state, your basic no-fault insurer has the primary obligation to pay your medical bills and other economic loss, up to the $30,000 limit, whoever caused the crash (N.D.C.C. 26.1-41-13). Any workers’ compensation you receive for the same loss is subtracted from your no-fault benefits. Who pays depends on where you were:
Injuries you suffer while entering or leaving a stopped vehicle aren’t covered unless another motor vehicle caused them (26.1-41-01).
The benefits cover usual and customary charges for reasonable and necessary medical, surgical, diagnostic, x-ray, dental, prosthetic, ambulance, hospital, and nursing services, plus remedial treatment. They exclude hospital room charges above a semiprivate room unless intensive care is needed, drugs sold without a prescription, and experimental or medically unproven treatments (26.1-41-01).
Your health insurer may coordinate its benefits with the first $10,000 of your basic no-fault benefits, and your no-fault insurer may coordinate its medical payments above $10,000. A health plan can coordinate only if it gives its customers an equitable premium reduction, and the Insurance Commissioner must approve the plan (26.1-41-13). Check your plan to see whether it does.
If you’re on Medicaid, North Dakota automatically takes an assignment of your right to recover medical costs, up to what it paid (N.D.C.C. 50-24.1-02.1). The state must seek reimbursement from liable third parties (50-24.1-30), so you have to tell the department about your claim, and a settlement isn’t valid against its claim unless the department joins in or releases it. If you receive settlement money, you must pay the department within 60 days or put an equal amount in a trust account while the department’s claim is resolved. The department can reduce or compromise its claim when recovering the full amount isn’t cost-effective. Medicare, a federal program, has its own right to be repaid from a settlement under federal law.
Your no-fault insurer can seek reimbursement from anyone except an insured driver, and it holds a lien only on those claims (26.1-41-16). That means your pain-and-suffering recovery against an insured at-fault driver isn’t reduced by your no-fault benefits. Optional excess no-fault coverage can include a right to seek repayment from any responsible third party (26.1-41-04).
If no no-fault benefits apply, you may qualify for the state’s assigned claims plan, unless you owned a vehicle without the required security (26.1-41-18). An uninsured owner is absolutely liable for basic no-fault benefits (26.1-41-02).
A hospital has a lien for the reasonable value of the services provided to an injured person. It attaches to your claim, to settlement proceeds, to the at-fault driver’s insurance, and to any insurance payable to you (N.D.C.C. 35-18-01). To enforce it, the hospital must serve notice on the liable party and file a lien statement with the clerk of court within 30 days after treatment ends (35-18-02 and 35-18-03). Anyone who pays you after the filing remains liable to the hospital (35-18-05), and the lien doesn’t reach workers’ compensation (35-18-10).
When you approach a stopped vehicle displaying flashing, revolving, or rotating lights, including hazard lights, North Dakota law requires you to move into a lane that isn’t next to it if that’s safe, or to slow to a safe and reasonable speed if it isn’t. A 2023 amendment extended the rule to every motor vehicle with hazard lights, not just emergency vehicles. The penalties are:
NDDOT says the rule is strictly enforced on interstates and multi-lane highways outside city limits.
Wildlife crashes happen year-round, but NDDOT says deer crashes are most common in November. They peak from 5 to 7 AM and from 6 to 11 p.m., when light is low and animals are moving. Risk is highest in rural areas near trees, shelterbelts, rivers, sloughs, and open fields, and deer often travel in groups, so if you see one, expect more. NDDOT advises these steps:
A crash with a wild animal usually involves no other at-fault driver, so your own collision or comprehensive coverage is the usual route. A crash with an animal that damages only your vehicle isn’t a reportable crash.
Snow, ice, wind, and extreme cold reduce traction and visibility, lengthen stopping distances, and can strand drivers in dangerous cold. Check road and weather conditions before you leave at travel.dot.nd.gov. NDDOT advises letting someone know your route, keeping your tank at least half full, and carrying a winter survival kit. If you become stranded, stay with your vehicle, make it visible, and clear snow from the exhaust pipe.
North Dakota recorded a record 80 tornadoes in 2025, well above the previous high of 61 in 1999, with major outbreaks in June, August, and September. Storms can bring sudden hail, wind, and low visibility to highways.
North Dakota bans composing, reading, or sending an electronic message while driving, including when stopped at a signal or sign (N.D.C.C. 39-08-23). Hands-free use and calls are allowed for adults. Drivers 16 and 17 with a class D license can’t use a device to talk, compose, read, or send messages while the vehicle is moving (39-08-24). A driver who commits another traffic offense, or is in a reportable crash with property damage, while distracted can also be cited for failure to maintain control (39-08-25). NDDOT lists the fine as $100 with no points.
North Dakota Department of Transportation (NDDOT)
Maintains state highways, issues driver’s licenses and vehicle registrations, and runs the crash report portal and statewide road condition service.
North Dakota Highway Patrol (NDHP)
Enforces traffic laws and investigates crashes on state highways and interstates.
North Dakota Insurance and Securities Department
Regulates insurers and helps consumers with questions and complaints about auto insurance claims and coverage.
Legal Services of North Dakota
Provides free civil legal help to low-income and elderly North Dakotans.
For accident laws in other states, visit our state-specific legal information page.

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