North Dakota No-Fault Auto Insurance Laws

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This article offers a brief introduction to car insurance laws and regulations in North Dakota. We'll take a look at North Dakota’s “no-fault” auto insurance system and the kinds of minimum car insurance coverage required under North Dakota law. If you’re looking for more general information on the legal rules related to auto accidents in North Dakota, you’ll find it in our companion article Car Accident Laws in North Dakota.

North Dakota is a "No Fault" Car Insurance State

North Dakota is one of a dozen states (plus the District of Columbia) that follow a no-fault system when it comes to determining financial liability for damages arising from a car accident. In a no-fault state, each driver’s insurance pays for his or her own injuries up to a certain limit, regardless of who was at fault for the accident.

"No-Fault" Lawsuit Threshold in North Dakota: In order to step outside of the no-fault system and bring a liability claim or lawsuit against the other driver in North Dakota:

  • the total necessary medical expenses you incurred because of the accident must exceed $2,500, or
  • you must have suffered "serious and permanent disfigurement or disability" lasting more than 60 days. 

If you have been in an accident in North Dakota, your first step is to contact your own insurance company to begin receiving payment for your medical treatment. If you are seriously injured according to the statutory definition and/or your medical expenses exceed $2,500, then you may be able to pursue compensation from the other driver -- again, that means filing a liability claim against the other driver's insurance policy, or even filing a personal injury lawsuit.

Keep in mind that the no-fault rules only apply to personal injury; if you have suffered property damage as a result of the accident, you'll be able to pursue compensation from the at-fault driver.

For more information on no-fault systems, see our No-Fault Car Insurance topic.

Minimum Car Insurance Requirements in North Dakota

North Dakota requires any operator of a motor vehicle to maintain certain amounts of liability insurance on that vehicle. The minimum amounts of liability auto insurance required under North Dakota are:

  • Bodily injury liability: $25,000 per person (meaning the maximum payable to one person injured in one accident)/$50,000 per accident (meaning the maximum payable to all people injured in one accident). 
  • Property damage liability: $25,000 per accident.
  • Uninsured/Underinsured Motorist coverage: Uninsured coverage minimums are $25,000 per person/ $50,000 per accident, and the Underinsured coverage amount must at least match the amount of uninsured coverage.
  • No-fault/PIP coverage: $30,000.

Keep in mind that while these are the minimum amounts of coverage which North Dakota requires you to purchase, you can and probably should carry a policy with higher limits.  If you are held liable for an accident that causes personal injury or property damage and the liability exceeds the other party’s PIP and the maximum amount of your policy, then you will be personally responsible to make up the difference.

Uninsured/Underinsured Motorist Coverage Required in N.D.

As mentioned above, North Dakota requires that all automobile insurance policies include both uninsured and underinsured motorist coverage. The minimum amount of uninsured coverage is $25,000 per person/$50,000 per accident, while underinsured motorist coverage must be least match the amount of uninsured protection.

Uninsured/underinsured motorist coverage (UIM) provides protection if you are injured by a driver who is either uninsured or carries coverage that is insufficient to pay for all of your damages. If you have $30,000 in damages above the PIP limit and the other driver has the state minimum coverage of $25,000, then your UIM will kick in to pick up the remaining $5,000.

For more information on UIM coverage, see Uninsured Motorist Coverage: The Basics and Underinsured Motorist Coverage: How It Works.

More Information on Auto Insurance in North Dakota

For more information on North Dakota’s motor vehicle insurance requirements straight from the government, see the North Dakota Insurance Department’s web page Auto Insurance for Consumers.

Updated by: , J.D.

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