The short answer
- You generally have 6 years to file a lawsuit. N.D.C.C. §28-01-16(5).
- North Dakota uses modified comparative negligence with a 50% bar. Found 50% or more at fault, and you recover nothing.
- North Dakota is a no-fault state. PIP pays your medical costs first, up to $30,000, regardless of fault.
Last checked 1 July 2026
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.
North Dakota car accident laws at a glance
| Rule | What applies in North Dakota | Statute | Detail |
|---|---|---|---|
| Deadline to file an injury lawsuit | 6 years | N.D. Cent. Code §28-01-16(5) | Read more |
| Fault rule | Modified comparative negligence, 50% bar | N.D. Cent. Code §32-03.2-02 | Read more |
| Insurance system and minimums | No-fault PIP, tort threshold to sue | N.D. Cent. Code §26.1-41-01 | Read more |
Last checked 1 July 2026. Each row links to the section that explains it, with the statute.
How long do I have to file a car accident lawsuit in North Dakota?
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.
What if I was partly at fault in North Dakota?
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.
What car insurance does North Dakota require?
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.
- Liability: 25/50/25 — $25,000 per person / $50,000 per accident bodily injury, $25,000 property damage
- PIP: $30,000 per person
- UM/UIM: 25/50, matching the liability minimums
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.
What mistake should I avoid after a crash 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.
What 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.
What is the deadline if the crash caused 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 should I talk to a lawyer in North Dakota?
If your medical expenses are approaching the $2,500 threshold, or your injuries are more serious, a conversation with a qualified lawyer can clarify whether you can step outside the no-fault system.
- 6-year deadline to file; government claims need notice within 180 days to 1 year.
- Modified comparative negligence: 50% at fault or more bars recovery.
- No-fault: PIP pays up to $30,000 regardless of fault.
- Suing for pain and suffering requires crossing a $2,500 medical-expense threshold or a serious/permanent injury.
Common questions
How long do I have to sue after a car accident in North Dakota?
Generally six years from the date of the accident (N.D.C.C. §28-01-16(5)). Government-entity claims require notice much sooner — within 180 days, or one year for serious injuries.
What happens if I was partly at fault in North Dakota?
You can recover damages reduced by your percentage of fault, as long as you're found less than 50% at fault. At 50% or more, North Dakota law bars you from recovering anything.
Is North Dakota a no-fault state?
Yes. Your own PIP coverage pays up to $30,000 for medical costs and lost income regardless of fault. To sue for pain and suffering, you generally need medical expenses over $2,500 or a serious, lasting injury.
What is the minimum car insurance required in North Dakota?
25/50/25 in liability coverage, plus $30,000 in PIP and matching 25/50 uninsured/underinsured motorist coverage.
What if a government vehicle or agency caused the crash in North Dakota?
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.
How long do I have to bring a wrongful death claim in North Dakota?
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.
What mistake should I avoid after a crash 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.
How does the North Dakota fault rule work 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.
When is it worth talking to a lawyer in North Dakota?
If your medical expenses are approaching the $2,500 threshold, or your injuries are more serious, a conversation with a qualified lawyer can clarify whether you can step outside the no-fault system.
Sources
Written by The Accident Advisory editorial team from the sources below.
- N.D. Cent. Code §28-01-16(5) — six-year statute of limitations.
- N.D. Cent. Code §32-03.2-02 — modified comparative negligence, 50% bar.
- N.D. Cent. Code §26.1-41-01 — no-fault PIP coverage and tort threshold.
- N.D. Cent. Code ch. 26.1-40 — minimum automobile liability insurance.
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. This page reflects North Dakota law as of the "last checked" date shown below and may not reflect subsequent changes. Always confirm current law or speak with a licensed North Dakota attorney before relying on this for a decision.