North Dakota Accident Law Snapshot

North Dakota Car Accident Claims

Legal Options After a Car Accident in North Dakota In North Dakota, accident victims may file a claim with the at-fault driver's insurance company or pursue a personal injury lawsuit in civil court. North Dakota follows modified comparative negligence with a 50% bar under NDCC §32-03.2-02 - recovery is permitted only when the claimant's contributory fault is not as great as the fault of the person against whom recovery is sought. At 50/50 fault, recovery is barred because the claimant's fault is "as great as" the defendant's. Compensation may include medical expenses, lost wages, property damage, and pain and suffering. The statute of limitations for personal injury claims is six years. Acting promptly is critical to preserve police reports, witness statements, and medical documentation, ensuring that claims are strong and the maximum compensation can be obtained.

Quick Facts

Statute: 6 years.
Fault Rule: Modified comparative negligence, 50% bar (NDCC §32-03.2-02 - barred when claimant's fault is as great as the defendant's).
Minimum Coverage: $25,000 per person / $50,000 per accident / $25,000 property damage.

North Dakota Law

Key Facts for North Dakota Accident Claims

Statute of Limitations

6 years.

Personal injury claims

Fault System

Modified comparative negligence, 50% bar (NDCC §32-03.2-02 - barred when claimant's fault is as great as the defendant's).

Comparative fault rules

Min. Liability Coverage

$25,000 per person / $50,000 per accident / $25,000 property damage.

State minimums

Uninsured Motorist

Must be offered unless rejected in writing.

Coverage status

Statute of Limitations in North Dakota

North Dakota requires personal injury claims to be filed within six years from the date of the accident. Filing late generally prevents recovery. Prompt action preserves crucial evidence such as police reports, medical records, and witness testimony. Early filing strengthens negotiations with insurers and supports successful legal claims in court.

Don't Wait: Evidence can disappear and memories fade. Contact an attorney as soon as possible after your accident.

North Dakota's Fault System

North Dakota follows modified comparative negligence with a 50% bar under NDCC §32-03.2-02. Recovery is permitted only when the claimant's contributory fault is strictly less than the defendant's fault. At an equal 50/50 fault split, recovery is barred because the statute requires that claimant fault be "not as great as" the defendant's - equal fault does not qualify. Compensation is reduced proportionally when recovery is permitted. Detailed documentation, including photographs, witness statements, and medical records, is essential to establish that the defendant bears greater fault than the claimant.

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Insurance Requirements

North Dakota drivers must carry minimum liability coverage of 25/50/25. Liability insurance protects other parties from bodily injury or property damage you cause. Insurers must offer uninsured motorist coverage unless rejected. UM coverage provides financial security if the at-fault driver is uninsured or underinsured, ensuring that victims are fully protected.

Crash Data for North Dakota

North Dakota saw 22 deaths in crashes involving large commercial trucks in NHTSA FARS 2024; 81.8% of those victims - 18 people - were outside the truck at the time of impact (Cash4Crashes analysis of NHTSA FARS 2024).

Of the 5 pedestrians killed in North Dakota crashes in 2024, 4 (80.0%) died at locations without a marked crosswalk, suggesting a large share of pedestrian fatalities occur in unprotected crossing environments (Cash4Crashes analysis of NHTSA FARS 2024).

Related research: Truck crash victims study · Pedestrian crossings study.

Author

Cash4Crashes Editorial Team

Legal Review

Cash4Crashes Legal Review Team

Last Updated

2026-08-04

Sources

Free ND Case Review

North Dakota FAQ

Frequently Asked Questions

North Dakota gives you six years from the date of the accident to file a personal injury lawsuit, one of the longer windows in the country. That extra time can be useful if injuries like soft-tissue damage or concussion symptoms take weeks to fully surface. Still, insurers don't wait six years to make decisions on your claim, so delaying documentation can weaken your negotiating position even though the legal deadline is far off. Gathering medical records and the accident report soon after the crash keeps your options strongest regardless of how much time the statute allows.

Only if your share of fault is strictly less than the defendant's. North Dakota follows modified comparative negligence with a 50% bar under NDCC §32-03.2-02 - recovery is permitted only when your contributory fault is "not as great as" the defendant's fault. At a 50/50 split, recovery is barred. A driver found 40% at fault can still collect the remaining 60% of their damages; a driver found 50% at fault cannot recover anything. Because the bar falls exactly at the halfway mark, fault disputes near 50% carry high stakes in North Dakota claims. Clear documentation of how the crash happened is essential to establish that the other driver bears greater responsibility.

North Dakota drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury liability, plus $25,000 in property damage coverage. This 25/50/25 minimum sets the floor for what an at-fault driver's policy must cover after a crash. If your medical bills or vehicle damage exceed those figures, the at-fault driver's insurance may not fully cover your losses, leaving a gap you'd need to pursue through other coverage or directly from the driver. Knowing these numbers early helps you assess whether a claim will be straightforward or contested.

Insurers must offer uninsured motorist coverage on North Dakota policies, but you can reject it in writing. This coverage matters because it pays out when the at-fault driver has no insurance or not enough to cover your injuries, filling the gap the state's liability minimums leave open. Since North Dakota's modified comparative fault rule means your own settlement can already be reduced by shared fault - and barred entirely at 50/50 - having UM coverage in place gives you a backstop if the other driver can't pay. Review your policy declarations to see whether this coverage was kept or waived.

Get Help from a North Dakota Attorney

Our North Dakota accident attorneys are ready to fight for the compensation you deserve. Free case review, no fee unless you win.

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