North Dakota Car Accident Laws

North Dakota's system layers a genuine no-fault structure onto an otherwise generous, long filing deadline — worth understanding both pieces separately.

PIP handles your medical bills quickly. Suing the at-fault driver for anything more requires clearing a specific dollar or severity threshold first.

Statute of limitations: 6 years

Under N.D.C.C. §28-01-16(5), you generally have six years from the date of the accident to file a personal injury lawsuit. Claims against a government entity are far shorter — a notice within 180 days, extended to one year for serious injuries.

Fault rule: modified comparative negligence, 50% bar

Under N.D.C.C. §32-03.2-02, you can recover damages if you're found less than 50% at fault, reduced by your percentage. At 50% or more, you recover nothing.

Insurance: no-fault PIP, tort threshold to sue

North Dakota is a no-fault state: your own PIP pays up to $30,000 per person for medical bills, lost income, and replacement services, regardless of who caused the crash. PIP doesn't cover pain and suffering. To sue the at-fault driver for that, your claim generally needs to meet North Dakota's tort threshold: medical expenses exceeding $2,500, or "serious and permanent disfigurement or disability" lasting more than 60 days.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, North Dakota's rule still lets you recover 60% of your damages. But if that assessment creeps to 50% or above, the claim is barred entirely under North Dakota's rule — not reduced, eliminated. That single threshold is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

A mistake worth avoiding in North Dakota

Because a single percentage point at the 50% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

If a government vehicle or agency was involved

A claim against the State of North Dakota carries a 180-day notice requirement to the Office of Management and Budget, with three years to sue (N.D. Cent. Code §§28-01-22.1, 32-12.2-04). A claim against a political subdivision — a city, county, or school district — gets the same three-year window (N.D. Cent. Code §32-12.1-10(1)), though without a statewide notice deadline it's worth checking whether the specific local government has its own notice rule.

If the crash resulted in a death

A wrongful death claim in North Dakota must be filed within two years of the date of death (N.D. Cent. Code §28-01-18) — far shorter than the six-year deadline that applies to an ordinary injury claim in this state.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether North Dakota law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

If your medical expenses are approaching the $2,500 threshold, or your injuries are more serious, a free, no-obligation conversation can clarify whether you can step outside the no-fault system.