North Dakota Car Accident Laws: What Drivers Need to Know

Updated On: October 21, 2026
North Dakota Car Accident Laws: What Drivers Need to Know
How North Dakota law impacts car accident claims and lawsuits.

Quick Reference Summary

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.

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Insurance System & Requirements

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.

Required coverage

North Dakota’s insurance requirements set the minimum amount of each required coverage:

  • Bodily injury liability: $25,000 per person / $50,000 per accident
  • Property damage liability: $25,000 per accident
  • Basic no-fault benefits: up to $30,000 per person, often called personal injury protection or PIP coverage
  • Uninsured motorist: $25,000 per person / $50,000 per accident
  • Underinsured motorist: must equal your uninsured motorist limits

What basic no-fault benefits pay

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):

  • Medical and rehabilitation costs: Reasonable and necessary charges, subject to the $30,000 total
  • Lost income: 85% of what you would have earned, up to $150 per week
  • Replacement services: Up to $15 a day for household help you can’t do yourself
  • Funeral and burial: Up to $3,500

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.

Uninsured and underinsured motorist coverage

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:

  • They have no bodily injury policy
  • Their insurer denies coverage or goes insolvent
  • They’re an unidentified hit-and-run driver, and either their vehicle touched yours or a disinterested witness independently verifies what happened

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:

  • No stacking: You can’t add the limits from several vehicles together. If more than one policy applies, the one on the vehicle you were in pays first
  • Offsets: Payments are reduced by workers’ compensation and by no-fault benefits you receive
  • What it doesn’t pay: Punitive damages, and pain and suffering you couldn’t have recovered under the no-fault threshold
  • Timing: You must report the crash to law enforcement as soon as practicable, and the coverage doesn’t apply once the statute of limitations on your claim against the other driver has expired. Settling with the at-fault driver without your own insurer’s written consent can end your uninsured motorist claim
  • Vehicle damage: Neither coverage pays for damage to your vehicle
  • Legal costs: Each side pays their own attorney’s fees unless the policy says otherwise or the insurer acts in bad faith

Optional coverage

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).

If your insurer cancels

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).

Rideshare and delivery coverage

Coverage depends on what the driver is doing (N.D.C.C. ch. 26.1-40.1):

  • App off: Only the driver’s own policy applies, and most personal policies exclude rideshare driving
  • App on, or ride accepted but no passenger yet: At least $50,000 per person / $100,000 per accident for bodily injury and $25,000 for property damage, plus primary uninsured motorist, underinsured motorist, and no-fault coverage
  • Passenger in the vehicle: $1 million for death, bodily injury, and property damage, plus the same primary coverages for the driver, passengers, and pedestrians

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).

Penalties for driving without insurance

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:

  • Fee: $150 for a first violation and $300 for a second or subsequent violation within three years
  • Points: 6 points, or 12 if you had a violation in the past 18 months, which triggers a 7-day suspension. A violation discovered while investigating a crash in which you owned the vehicle carries 14 points
  • Plates: For a second or subsequent violation, the court impounds your plates until you show proof of insurance and pay a $20 fee
  • Proof on file: You must keep an insurer’s certificate on file with the Department of Transportation for one year or your license is suspended. Your license is also replaced with one noting that requirement, which costs $50, plus $50 later to remove the notation
  • Registration: Your registration can be revoked or suspended until you provide the required security (26.1-41-02)
  • Damage you cause: If you damage someone’s property while uninsured, the court must order you to pay at least the amount of the other person’s insurance deductible (39-08-20.1)
  • Injury claims: If you have a prior no-insurance conviction and are hurt in your own uninsured vehicle, you can’t recover non-economic damages (26.1-41-20)

After a violation or unpaid judgment

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).

Fault & Negligence Laws

Modified comparative fault: you recover at 49% or less

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:

  • At 20% fault, you recover $80,000
  • At 49% fault, you recover $51,000
  • At 50% fault, you recover $0

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.

Each driver pays only their share

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.

When you can sue the at-fault driver

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.

A special rule for small property damage claims

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.

Passengers

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.

Seat belts

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.

Statute of Limitations

Standard filing deadlines

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:

  • Personal injury: 6 years from the date of the crash (N.D.C.C. 28-01-16). Any personal injury claim against a private party follows this rule
  • Property damage: 6 years from the date of the damage, under the same statute
  • Wrongful death: 2 years from the date of the death, not the date of the crash (28-01-18). Our guide to wrongful death claims after a car accident covers who can recover

Filing isn’t enough: the summons must be served

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).

Deadlines tied to your own coverage

  • No-fault benefits: A claim for basic no-fault benefits you haven’t been paid must be filed within 2 years after you learn the loss was caused by the crash, or 4 years after the crash, whichever is earlier. If benefits have been paid, you have 4 years from the last payment. Survivors’ claims must be filed within 2 years of the death or 6 years of the crash, whichever is earlier (26.1-41-19)
  • Uninsured and underinsured coverage: The coverage doesn’t apply once the statute of limitations has expired on your claim against the other driver, so the six-year deadline matters here too (26.1-40-15.6)

Deadline exceptions

In specific circumstances, the deadline can be extended

  • Discovery: North Dakota courts apply a discovery rule in some cases, and the statute applies one to claims against the state. Most crash injuries are obvious right away, so don’t count on it
  • Minors, mental incapacity, and imprisonment: The time of the disability doesn’t count toward the deadline, but the extension can’t run longer than one year after the disability ends. For incapacity and imprisonment it also can’t exceed five years (28-01-25). In practice, a minor generally has until one year after turning 18, or the regular six years, whichever is later
  • Defendant outside the state: If the defendant is out of state when your claim arises, your time starts when they return. If they leave and stay away for a year or more, the absence doesn’t count. This doesn’t apply if North Dakota courts can reach them anyway (28-01-32)
  • A party dies: If the injured person dies before the deadline and the claim survives, their representative has one year from the death to sue. If the at-fault person dies, the claim can proceed within one year after their personal representative is appointed (28-01-26)

Claims against government entities

Government claims have their own shorter rules. See our guide to sovereign immunity in personal injury cases.

  • State agencies and employees: Give written notice to the director of the Office of Management and Budget within 180 days after you discover the injury. The deadline is one year for a serious injury, and one year for a death claim, presented by the personal representative or survivors. File suit within 3 years, and deliver a copy of the summons and complaint to the director when you serve it (N.D.C.C. 32-12.2-04 and 28-01-22.1)
  • Cities, counties, townships, and school districts: File suit within 3 years (32-12.1-10). The chapter on local government liability doesn’t set an advance notice requirement, but a local government or its insurer may still expect prompt notice, so give it early

MVA Procedures & Police Involvement

What counts as a reportable crash?

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.

At the scene of a motor vehicle accident

Do the following, in this order:

  • Stop and stay. Stop immediately, or return as close to the scene as possible, and remain there until you’ve completed the duties below, without blocking traffic more than necessary
  • Call the police. If the crash is reportable, notify the local police department right away if you’re inside a municipality, or the county sheriff or Highway Patrol if you’re outside one. Failing to do so carries a $50 fine, and the DOT can suspend your license until you comply
  • Exchange information. Give your name, address, vehicle registration number, and the name of your insurance carrier and the owner’s, and show your license on request. Also give the investigating officer your insurer’s name and policy number. If you don’t have them, you must give the DOT’s Driver License Division the information within five days
  • Get medical attention for anyone hurt. You must give reasonable help, including arranging transport to a doctor or hospital if it’s apparent that treatment is needed or the person asks
  • Unattended vehicles and property: If you hit an unattended vehicle, find the owner or leave a written note with your name, address, insurer, and what happened. If you damage a highway fixture or other property, notify the owner and give them the same information
  • If you can’t report: An occupant who can must give the notice for you, and if you’re not the owner, the owner must give notice and insurance details within five days of learning of the crash

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 police report

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.

Getting your accident report

To get a North Dakota accident report, request one online through the NDDOT crash report portal:

  • Cost: $7 per report
  • What you need: Any two of the date of the crash, a last name, and the county. If you don’t know them, the agency that investigated can tell you
  • Timing: Reports usually appear about 10 days after the crash, and can’t be found if the crash wasn’t reportable
  • Mail-in forms: They’re no longer accepted, and the Highway Patrol doesn’t issue copies. Contact NDDOT through the portal, or the Patrol at (701) 328-2447 if you have questions

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).

Special situations

  • Animal crashes: A deer collision that damages only your vehicle doesn’t need to be reported to police, but your insurer will want to know
  • Hit-and-run: To use your uninsured motorist coverage, report the crash to law enforcement as soon as practicable, as covered in the Insurance section

Compensation: Types & Limits

Economic damages

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

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).

Reduction for outside payments

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).

Punitive damages

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:

  • No claim at the start: The original complaint can’t ask for them. After filing, you move to amend the complaint with affidavits or deposition testimony showing the facts, and the court must find enough evidence to support the claim
  • Cap: The greater of two times your compensatory damages or $250,000, and nothing is awarded if you recover no compensatory damages. The jury isn’t told about the cap, and a defendant’s wealth can’t be shown
  • Impaired driving: In a crash that caused bodily injury, a jury can consider exemplary damages if clear and convincing evidence shows the driver had a blood alcohol concentration of 0.08 or more, was under the influence of a controlled substance or volatile chemical, or was drunk and refused a test. A DUI conviction can be shown at trial
  • Employers: Damages can be awarded against an employer only if a managerial agent authorized, ratified, or approved the act, if they recklessly kept an unfit employee, or if the employee was acting in a managerial role

See our guide to punitive damages in car accident cases.

Wrongful death damages

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).

Claims against government entities

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. 

Medical Coverage Considerations

Your own auto insurer pays first

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:

  • In an insured vehicle: That vehicle’s no-fault insurer pays
  • In an uninsured vehicle, or hit by one as a pedestrian: Your own auto insurer pays, if you’re the owner or a relative of the owner of an insured vehicle
  • In a rideshare vehicle: Your own insurer pays first if you’re an owner or relative, and the vehicle’s insurer pays if you have none

Injuries you suffer while entering or leaving a stopped vehicle aren’t covered unless another motor vehicle caused them (26.1-41-01).

What counts as covered medical expenses

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).

Rules for getting paid

  • Timing: The insurer owes payment within 30 days of getting reasonable proof of the loss, and overdue payments earn interest at the judgment rate (26.1-41-09)
  • Billing deadline: Neither you nor the insurer has to pay for services billed more than 180 days after treatment (26.1-41-09)
  • Exams and records: You must attend an independent medical exam by the insurer’s physician, and any healthcare provider who treated you, along with your employer, must furnish your medical records and earnings statements on written request (26.1-41-11 and 26.1-41-12)

Health insurance

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.

Medicaid and Medicare

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.

No repayment from another insured driver

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).

When no policy applies

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).

Hospital liens

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).

Unique Local Considerations

Move Over law

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:

  • Emergency or highway maintenance vehicle: A $50 fine and 2 points (N.D.C.C. 39-10-26)
  • Stationary vehicle with hazard lights: A $20 fine and no points (39-10-26.3)
  • Crash or danger to a worker: Fines can increase if the violation causes a crash or endangers a maintenance or emergency worker

NDDOT says the rule is strictly enforced on interstates and multi-lane highways outside city limits.

Deer and wildlife crashes

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:

  • Brake firmly and don’t swerve, because swerving can lead to a loss of control or a rollover
  • After a collision, stop safely, check for injuries, and call 911 if anyone is hurt
  • If the animal is in the road, move it if it’s safe, or call North Dakota State Radio at (800) 472-2121

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.

Winter driving

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.

Severe weather

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.

Texting and distracted driving

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.

Local Resources & Contacts

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.

In This Article

Insurance System & RequirementsFault & Negligence LawsStatute of LimitationsMVA Procedures & Police InvolvementCompensation: Types & LimitsMedical Coverage ConsiderationsUnique Local ConsiderationsLocal Resources & Contacts

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