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North Dakota car accident laws
Is North Dakota a no-fault state? Yes. North Dakota is a no-fault state: your own personal injury protection (PIP) pays first, with at least $30,000 required, and you can sue the other driver only past the state's threshold. Bills for treatment that are sent in more than 180 days after the treatment date do not have to be paid by you or by the no-fault insurer, so make sure your providers bill promptly.
North Dakota gives you six years to file a personal injury lawsuit (N.D. Cent. Code § 28-01-16(5)).
The legal minimum liability coverage in North Dakota is $25,000 per injured person, $50,000 per crash and $25,000 for property (25/50/25).
Your award is reduced by your percentage of fault, but if your fault is as great as the combined fault of everyone else involved (50% or more) you recover nothing.
Quoted from North Dakota statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | North Dakota | Source |
|---|---|---|
| Deadline to sue for an injury | Six years after the claim for relief accrues (any other injury to the person not arising upon contract) | N.D. Cent. Code § 28-01-16(5) |
| Deadline for vehicle damage | Six years for taking, detaining or injuring goods or chattels | N.D. Cent. Code § 28-01-16(4) |
| Deadline for a wrongful death claim | Two years; the claim accrues at the time of death | N.D. Cent. Code § 28-01-18(4) |
| Claims against a government body | A claim against the state or a state employee requires written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered (one year for a serious injury). For claims against cities, counties and other political subdivisions, the action must be commenced within three years of accrual (no separate notice period found). | N.D. Cent. Code § 32-12.2-04(1); § 32-12.1-10(1) |
| Insurance system | no-fault; PIP required ($30,000). To sue: You can sue the at-fault driver for pain and suffering (noneconomic loss) only if you have a 'serious injury': death, dismemberment, serious and permanent disfigurement or disability beyond 60 days, or medical expenses over $2,500. | N.D. Cent. Code § 26.1-41-08(1)(a) and § 26.1-41-01(21); basic no-fault benefits up to $30,000 (§ 26.1-41-01) |
| Deadline to use your PIP coverage | Bills for treatment that are sent in more than 180 days after the treatment date do not have to be paid by you or by the no-fault insurer, so make sure your providers bill promptly. | N.D.C.C. 26.1-41-09(3) |
| If you were partly at fault | modified comparative (50% bar). Your award is reduced by your percentage of fault, but if your fault is as great as the combined fault of everyone else involved (50% or more) you recover nothing. | N.D. Cent. Code § 32-03.2-02 |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $25,000 property | N.D. Cent. Code § 39-16.1-11(2) |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in North Dakota can tell you the date that applies to you.
Next steps after a North Dakota crash
How to get a North Dakota crash report ($7 per report).
Check your deadline and a rough claim range
A filing date and a rough value range for North Dakota. Both take under a minute.
Questions
How long do you have to sue after a car accident in North Dakota?
Six years for an injury claim (N.D. Cent. Code § 28-01-16(5)) and six years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is North Dakota a no-fault state?
Yes. North Dakota is a no-fault state: your own personal injury protection (PIP) pays first, with at least $30,000 required, and you can sue the other driver only past the state's threshold. Bills for treatment that are sent in more than 180 days after the treatment date do not have to be paid by you or by the no-fault insurer, so make sure your providers bill promptly.
Can I recover if I was partly at fault in North Dakota?
North Dakota follows modified comparative (50% bar). Your award is reduced by your percentage of fault, but if your fault is as great as the combined fault of everyone else involved (50% or more) you recover nothing.
What is the minimum car insurance in North Dakota?
The legal minimum liability coverage in North Dakota is $25,000 per injured person, $50,000 per crash and $25,000 for property (25/50/25).
Sources
- Deadline to sue for an injury (N.D. Cent. Code § 28-01-16(5)): ndlegis.gov/cencode/t28c01.pdf
28-01-16. Actions having six-year limitations. The following actions must be commenced within six years after the claim for relief has accrued: [...] 5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.
- Deadline for vehicle damage (N.D. Cent. Code § 28-01-16(4)): ndlegis.gov/cencode/t28c01.pdf
28-01-16. Actions having six-year limitations. The following actions must be commenced within six years after the claim for relief has accrued: [...] 4. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
- Deadline for a wrongful death claim (N.D. Cent. Code § 28-01-18(4)): ndlegis.gov/cencode/t28c01.pdf
28-01-18. Actions having two-year limitations. Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued: [...] 4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured;
- Claims against a government body (N.D. Cent. Code § 32-12.2-04(1); § 32-12.1-10(1)): ndlegis.gov/cencode/t32c12-2.pdf
A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within one hundred eighty days after the alleged injury is discovered or reasonably should have been discovered a written notice of the alleged claim stating the time, place, and circumstances of the claim, the names of any state employees known to be involved, and the amount of compensation or other relief demanded.
- Insurance system (N.D. Cent. Code § 26.1-41-08(1)(a) and § 26.1-41-01(21); basic no-fault benefits up to $30,000 (§ 26.1-41-01)): ndlegis.gov/cencode/t26-1c41.pdf
1. In any action against a secured person to recover damages because of accidental bodily injury arising out of the ownership or operation of a secured motor vehicle in this state, the secured person is exempt from liability to pay damages for: a. Noneconomic loss unless the injury is a serious injury.
- Deadline to use your PIP coverage (N.D.C.C. 26.1-41-09(3)): ndlegis.gov/cencode/t26-1c41.pdf
Neither the injured person nor a basic no-fault insurer is required to pay for services billed more than one hundred eighty days after the date of treatment.
- If you were partly at fault (N.D. Cent. Code § 32-03.2-02): ndlegis.gov/cencode/t32c03-2.pdf
32-03.2-02. Modified comparative fault. Contributory fault does not bar recovery in an action by any person to recover damages for death or injury to person or property unless the fault was as great as the combined fault of all other persons who contribute to the injury, but any damages allowed must be diminished in proportion to the amount of contributing fault attributable to the person recovering.
- Minimum liability coverage (N.D. Cent. Code § 39-16.1-11(2)): ndlegis.gov/cencode/t39c16-1.pdf
subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and subject to said limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
Read October 2, 2026. Laws and fees change; the linked page is the authority.