Car accident injury claims in North Dakota

North Dakota at a glance

Fault rule

Modified comparative — 50% bar

You can recover only if you were less than 50% at fault; your award is reduced by your share.

No-fault state?

Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage

$30,000 combined basic no-fault benefits per person per accident (medical, rehabilitation, work loss 85% of income capped $150/week, replacement services $15/day, survivor's income loss $150/week, funeral $3,500)

Threshold to step outside no-fault

Applies

Mandatory (not election-based): noneconomic damages recoverable only on serious and permanent injury OR death OR dismemberment OR permanent disfigurement OR disability >60 days OR medical expenses >$2,500 (preliminary)

Minimum liability coverage

25/50/25 ($25K BI/person; $50K BI/accident; $25K PD) under § 39-16.1-11 + mandatory PIP $30,000 combined under § 26.1-41 + UM/UIM mandatorily covered (written rejection to decline)

Time limit for an injury claim

6 years

Generally measured from the date of the accident.

How fault works in North Dakota

N.D. Cent. Code § 32-03.2-02 — contributory fault does not bar recovery unless the fault was "AS GREAT AS" the combined fault of all persons against whom recovery is sought. Verbatim "as great as" means a plaintiff at exactly 50% is BARRED ($0); a plaintiff at 49% recovers 51% of damages. ND is a MODIFIED 49%-bar STRICT state (cluster with AR/CO/GA/KS/ME/OK/TN/UT). ND uses SEVERAL liability for most defendants (each liable only for its proportional share).

Paying for injuries in North Dakota

North Dakota is a MANDATORY no-fault PIP state under the North Dakota Auto Accident Reparations Act (§ 26.1-41 et seq.). Basic no-fault benefits are a combined $30,000 floor per person per accident (paid regardless of fault): medical, rehabilitation, work loss (85% of income capped $150/week), replacement services ($15/day), survivor's income loss ($150/week), funeral ($3,500). The $30K combined cap and component caps are at § 26.1-41-01(2)/(18)/(21)/(23). To recover noneconomic damages from the at-fault driver, the claimant must clear the MANDATORY (non-electable) tort threshold under § 26.1-41-08 / § 26.1-41-01(21): serious and permanent injury OR death OR dismemberment OR permanent disfigurement OR disability >60 days OR medical expenses >$2,500 (preliminary). Economic damages (medical, lost wages, PD including DV) are recoverable in tort without clearing the threshold; only noneconomic damages are gated.

North Dakota injury claims — common questions

Is North Dakota a no-fault state?

Yes. North Dakota is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.

What is North Dakota's fault rule for a car accident?

North Dakota follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.

How long do I have to file an injury claim in North Dakota?

In North Dakota the statute of limitations for a personal-injury claim is generally 6 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.