Car accident claims: what to do next in North Dakota

Who pays first: no-fault benefits

North Dakota is a no-fault state. Your own insurer pays basic no-fault benefits for your economic loss, such as medical bills, rehab, lost work and help at home, no matter who caused the crash. The North Dakota Insurance Department notes that this coverage is also called personal injury protection, or PIP.

The minimum is $30,000 per person for each crash. Payments for lost work or a survivor's lost income are capped at $150 a week per person.

Source: North Dakota Insurance Department: Auto insurance · as of Oct 5, 2026

Source: North Dakota Century Code ch. 26.1-41: No-fault law · as of Oct 5, 2026

Claiming against the other driver

A driver with no-fault coverage can be sued for pain and suffering only after a serious injury. State law defines that as death, losing a body part, serious and lasting scars, or being disabled for more than 60 days. Medical bills of more than $2,500 also count. Any money for your costs is reduced by the no-fault benefits paid or owed to you.

Source: North Dakota Century Code ch. 26.1-41: No-fault law · as of Oct 5, 2026

How fault is shared

North Dakota compares your fault with the fault of all other people combined. If your share is as great as theirs, you get nothing. If it is smaller, your money is cut by your share. Each person found at fault pays only their own share, unless people acted together.

A small exception covers car damage, not injuries. In a crash where two people are at fault and the other driver is more than 50 percent at fault, a claim for up to $5,000 in direct property damage is not cut for your share of fault.

Source: North Dakota Century Code ch. 32-03.2: Comparative fault · as of Oct 5, 2026

Coverage drivers must carry

North Dakota policies must cover at least $25,000 per person and $50,000 per crash for injuries you cause to others, plus $25,000 for property damage. Uninsured motorist coverage must match those injury limits. Underinsured motorist coverage must equal the uninsured motorist limits. Both help when the other driver has too little insurance or none.

Source: North Dakota Insurance Department: Auto insurance · as of Oct 5, 2026

Reporting the crash

After a crash, every driver must stop, stay at the scene, share their name, address, insurer and plate number, and help anyone who is hurt. If someone is hurt or killed, or the damage looks like $4,000 or more, the driver must tell the police right away. In a city, call the local police. Outside a city, call the county sheriff or the state highway patrol.

Source: North Dakota Century Code ch. 39-08: Crash duties and reports · as of Oct 5, 2026

Drivers do not file their own crash form in North Dakota. The officer sends the report to the North Dakota Department of Transportation within 10 days. You can buy a copy of the report from the department for $7.

Source: North Dakota Department of Transportation: Purchase a crash report · as of Oct 5, 2026

Deadlines

Most North Dakota injury lawsuits must be filed within 6 years. A claim for a death must be filed within 2 years of the death. A lawsuit for no-fault benefits is due 2 years after you know of the loss, or 4 years after the crash, whichever comes first. If benefits were paid, the limit can run 4 years from the last payment.

North Dakota has different time limits for the injury lawsuit and for no-fault benefits, and exceptions can apply to each. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.