North Dakota Motor Vehicle Accident Laws

Insurance System & Requirements

System type: North Dakota follows a no-fault insurance system, meaning that after an accident, your insurance policy will cover medical expenses and economic losses, regardless of who caused the crash. However, drivers can pursue additional compensation from an at-fault party if damages exceed a certain threshold.

Minimum liability required: All registered vehicles in North Dakota must carry minimum liability insurance to cover bodily injury and property damage in the event of an accident:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident 
• $25,000 for property damage per accident

Personal Injury Protection (PIP): North Dakota requires a minimum of $30,000 in Personal Injury Protection (PIP), also known as basic no-fault coverage. This coverage pays for medical bills and other economic losses regardless of fault.

Uninsured motorist coverage (UM): If a driver without insurance hits you in North Dakota, this coverage protects you:

• $25,000 per person
• $50,000 per accident

Underinsured motorist coverage (UIM): This coverage applies if you're in an accident with a driver who does not have enough insurance to cover all damages:

• UIM coverage is required in North Dakota and must match your UM policy
• $25,000 per person
• $50,000 per accident

Optional coverages: While North Dakota mandates liability, PIP, UM, and UIM coverage, drivers can purchase additional optional insurance for better financial protection:

• Collision coverage: Covers damage to your vehicle in an accident, regardless of fault
• Comprehensive coverage: Covers non-collision damages like theft, fire, vandalism, hail, or hitting an animal
• GAP insurance: This covers the difference between what you owe on your car loan and the vehicle’s actual cash value if it is totaled or stolen
• Death and dismemberment coverage: Provides accidental death benefits or compensation for certain injuries
• Towing coverage: This reimburses you for towing and emergency roadside assistance

Rideshare insurance requirements: North Dakota has specific insurance rules for TNCs and their drivers to make sure passengers, drivers, and others on the road are properly covered. 

1. When the app is off: If the driver is not logged into the rideshare app, only their auto insurance applies, as the TNC is not required to provide coverage during this period.
2. When the app is on, but no ride is accepted
   • Either the TNC or the driver must have primary insurance that covers:
   • $50,000 per person for bodily injury
   • $100,000 per accident for bodily injury
   • $25,000 for property damage
   • UM, UIM, and PIP coverage that meets North Dakota’s state requirements
3. When a ride is in progress
   • $1 million for death, bodily injury, and property damage
   • Minimum requirements of UM, UIM, and PIP coverage 

Penalties for non-compliance: 

• First offense: Minimum fine of $150
• Second offense (within 18 months): Minimum fine of $300
• Subsequent offenses: Fines up to $1,000 and up to 30 days in jail
• For second offenses and onwards, your license will be suspended, and a $50 reinstatement fee will apply
• If your license is suspended, you will need to file an SR-22 certificate for one year as proof of insurance

Fault & Negligence Laws

Criteria for filing a lawsuit

Since North Dakota is a no-fault state, your insurance will cover you regardless of fault if you're in an accident. However, you can pursue a lawsuit against the at-fault driver if your injuries meet the state's serious injury threshold:

• Death
• Dismemberment (loss of a limb or other body part)
• Serious and permanent disfigurement
• Disability lasting more than 60 days
• Medical expenses exceeding $2,500

Negligence type

North Dakota follows a modified comparative fault system in car accident cases, meaning that fault is assigned as a percentage to each party involved. If a driver is found to be less than 50% at fault, they can recover damages, but their percentage of fault will reduce their compensation. However, a driver cannot recover damages from the other parties involved if they are 51% or more at fault.

Multi-vehicle collisions

In multi-vehicle collisions, each driver’s role in the accident is assessed separately. North Dakota law does not impose joint liability, meaning each driver is responsible for their share of the damages. If drivers pay more than their share, they can seek contributions from other at-fault parties.

Passenger rights

Unless proven to have breached their duty of care, passengers typically receive full compensation after a car accident. If multiple drivers share fault in the accident, passengers can file claims against each driver’s insurance policy.

Statute of Limitations

• Personal injury: A lawsuit for personal injuries resulting from a car accident must be filed within six years from the accident date
• Wrongful death: If a person dies as a result of a car accident, the deceased’s representative must file a wrongful death claim within two years of the date of death
• Property damage: If your vehicle or other personal property is damaged in an accident, you have six years from the date of the damage or its discovery to file a lawsuit

Claims against the government: 

• If you are filing a claim against a state agency or employee, the lawsuit must be filed within three years from the date of the injury or property damage
• Before filing a lawsuit, you must submit written notice of the claim within 180 days of discovering the injury

Exceptions to the rule: 

• Minors: If the injured party is under 18 years old, the statute of limitations is paused until they turn 18
• Discovery rule: If an injury or damage was not immediately apparent, the statute of limitations may begin when the harm is discovered or should have been reasonably discovered
• Mental incapacity: If the injured person was mentally incapacitated at the time of the accident, the statute of limitations may be extended until they regain legal capacity. The extension cannot exceed five years except for infancy. After legal capacity is regained, you have one year to file the lawsuit
• Absence from the state: If the at-fault party leaves North Dakota after the accident but before a lawsuit is filed, their time outside the state does not count toward the statute of limitations

Procedures for MVAs & Police Involvement

When to file a report

North Dakota law requires drivers to report accidents under specific circumstances. If an accident results in: 

• Bodily injury
• Death
• Property damage of $4,000

If the crash occurs within city limits, it must be reported to the local police department. It should be reported to the county sheriff’s office or the state highway patrol if it happens outside a municipality. 

Filing a report

Once law enforcement arrives at the accident scene, they will file an official crash report. This document includes key details such as the parties involved, insurance information, and a preliminary assessment of fault.

Accessing accident reports

Crash reports can be purchased online through the North Dakota Department of Transportation (DOT) portal for a $7.00 fee. To obtain a report, you must provide at least two of the following information:

• The date of the accident
• The last name of one of the individuals involved
• The county where the accident occurred

Types of Compensation Available & Their Limits

• Economic damages include measurable financial losses such as medical expenses, lost wages, property damage, and rehabilitation costs. These damages are meant to reimburse accident victims for the costs incurred due to the crash
• Non-economic damages cover more subjective losses like pain and suffering, emotional distress, loss of enjoyment, and loss of companionship. While these damages do not have a fixed dollar amount, they are still recognized as legitimate claims in car accident cases
  • Damage caps: North Dakota does not cap economic or non-economic damages in car accident lawsuits, meaning victims can pursue full compensation for their losses

Punitive damages: To seek punitive damages, you must first be awarded compensatory damages and then provide strong evidence that the at-fault party engaged in reckless or intentional misconduct. The law limits punitive damages to twice the amount of compensatory damages or $250,000, whichever is greater.

Claims against the government: Under North Dakota law, the state can be held liable for damages only if the accident resulted from negligence or wrongful actions of a state employee. However, in 2025, the state limits liability to:

• $468,750 per person
• $1,875,000 per accident

The state does not cover punitive damages, and the North Dakota Legislature must approve any award exceeding the liability limits.

Medical Payments & Health Coverage

PIP coverage: Since North Dakota is a no-fault state, every driver must carry PIP coverage with a minimum of $30,000.

UM/UIM coverage: If the at-fault driver lacks insurance or sufficient coverage to pay for your injuries, your UM and UIM coverage can step in. North Dakota law requires all drivers to carry UM/UIM coverage with minimum limits of $25,000 per person and $50,000 per accident.

At-fault driver: If you’ve been in an accident and your injuries meet the state’s serious injury threshold, you can file a lawsuit to seek compensation from the driver or their insurance. 

Private health insurance: If your medical expenses exceed your PIP, UM, or UIM coverage limit, your health insurance can help cover the remaining costs. 

Medical liens: Healthcare providers may place a lien on your settlement, meaning they have a legal right to a portion of your payout to cover medical bills.

Subrogation: Your health or car insurance provider may seek repayment from the at-fault driver’s insurance or your settlement for expenses they covered after your accident.

Unique Local Considerations

Winter storms and blizzards: Heavy snowfall, ice, and extreme cold can make roads treacherous. Whiteout conditions from blizzards can significantly reduce visibility and make travel impossible for days.

Freezing rain and ice: In North Dakota, freezing rain and ice can occur during winter. A small amount of freezing rain can create black ice, leading to slippery roadways and high accident rates.

Spring flooding: The Red River Valley is prone to seasonal flooding due to ice jams and rapid snowmelt, leading to road closures and hazardous driving conditions.

Summer tornadoes and severe storms: North Dakota sits on the northern edge of Tornado Alley, with an average of 13 tornadoes each year. Thunderstorms, high winds, and hail can also cause vehicle damage and dangerous road conditions.

Droughts and dust storms: In extreme droughts, dry conditions can lead to dust storms that reduce visibility and make roads hazardous, leading to accidents.

Wildlife collisions: Thousands of car accidents in North Dakota involve deer, with the highest risk occurring in November, during dusk or dawn. Additionally, animal carcasses on the roads can cause significant accidents; therefore, staying alert is vital.

Visit the ND Roads website or download the application for updated alerts on road and weather conditions and other travel information.

Local Resources & Contacts

North Dakota Department of Transportation (NDDOT): https://www.dot.nd.gov/

State of North Dakota: Department of Transportation Motor Vehicles: https://www.dot.nd.gov/motor-vehicle

North Dakota Insurance Department: https://www.insurance.nd.gov/

North Dakota Highway Patrol (NDHP): https://www.nd.gov/ndhp/