North Dakota's oil-field traffic in the west adds heavy trucks to two-lane highways like US-85, and winter blizzards on I-94 and I-29 cause chain-reaction crashes. North Dakota is a no-fault state with a long six-year window for most injury claims.
Is North Dakota a no-fault state?
Yes — North Dakota is a no-fault state. North Dakota is a no-fault state. After most crashes, your own personal injury protection (PIP) pays first for medical bills and some lost income, no matter who caused the crash. You can usually claim against the at-fault driver for pain and suffering only if your injuries meet North Dakota's threshold.
North Dakota requires $30,000 of PIP. Lawsuits for pain and suffering usually require injuries above a medical-expense or seriousness threshold.
Learn more in our guide to what a no-fault state is.
How does shared fault work in North Dakota?
North Dakota follows a modified comparative fault rule with a 50% bar. Your recovery may be reduced by your share of fault, and you generally cannot recover if you are found 50% or more responsible.
For example, if you were found 20% at fault for a crash in North Dakota, your compensation could be reduced by 20%. If your share reached the 50% bar, you could be barred from recovering from the other driver.
Read more: what comparative fault means.
How long do I have to file a car accident claim in North Dakota?
In North Dakota, the general deadline to file a personal injury lawsuit is six years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of North Dakota often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are North Dakota's minimum car insurance requirements?
North Dakota requires drivers to carry at least $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in North Dakota?
Get safe, get medical care and protect your evidence. These steps apply anywhere in North Dakota:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-94 or I-29.
- Call the police and ask how to get the crash report. North Dakota generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine — North Dakota PIP claims can depend on prompt treatment.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent North Dakota attorney before signing any release, keeping the six years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in North Dakota?
Crashes happen everywhere, but traffic is heaviest in and around Fargo, Bismarck, Grand Forks, Minot and West Fargo. Major routes include I-94, I-29, US-2, US-83 and US-85. Our attorney-matching service covers every county in North Dakota.