By Serdar Arslan, editor · Last reviewed · How we research
North Dakota allows 6 years to sue for injuries or vehicle damage, though wrongful death claims have only 2. Before any lawsuit against another driver, however, North Dakota's no-fault system steps in: your own insurer pays $30,000 per person in basic PIP benefits for medical bills and lost income, regardless of fault.
You can generally sue the at-fault driver for pain and suffering only if your medical expenses exceed $2,500 or you suffer a serious and permanent disfigurement or a disability lasting more than 60 days. Fault is compared under a 50% bar, so you recover nothing at 50% or more. For a claim against the State, written notice on the state's claim form is generally due within 180 days after you discover the injury. Government liability caps rise to $500,000 per person and $2,000,000 per occurrence on July 1, 2026. Report crashes with injury, death or $4,000 or more in damage immediately. North Dakota had 90 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 6 years from the date of the injury Source: N.D. Cent. Code § 28-01-16(5) |
|---|---|
| Property damage deadline | Generally 6 years for damage to your vehicle or other property Source: N.D. Cent. Code § 28-01-16 |
| Wrongful death deadline | Generally 2 years from the date of death Source: N.D. Cent. Code § 28-01-18 |
| Claims against a government entity | For a claim against the State of North Dakota, you generally must give written notice on the state's claim form within 180 days after you discover the injury, and sue within 3 years. Claims against cities, counties and other political subdivisions generally must be filed within 3 years, and some local governments require notice first. |
| Fault rule | Modified comparative fault (50% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are 50% or more at fault. Source: N.D. Cent. Code § 32-03.2-02 |
| Insurance system | No-fault · $30,000 per person in basic no-fault (PIP) benefits for economic losses such as medical bills and lost income, paid by your own insurer regardless of fault (N.D. Cent. Code ch. 26.1-41). You can generally sue the at-fault driver for pain and suffering only if your medical expenses exceed $2,500 or you have a serious and permanent disfigurement or a disability lasting more than 60 days. |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on damages in car accident cases against private parties. Claims against the state and political subdivisions are capped per person and per occurrence (rising to $500,000 / $2,000,000 on July 1, 2026), with no punitive damages (N.D. Cent. Code §§ 32-12.2-02, 32-12.1-03). |
| Reporting a crash | If a crash causes injury, death or total property damage of $4,000 or more, you must immediately notify the local police (inside a city) or the county sheriff or Highway Patrol (outside a city) by the quickest means. Source: N.D. Cent. Code § 39-08-09 |
Getting your crash report in North Dakota
Request a state-reportable crash report (injury, death or at least $4,000 damage) online through the NDDOT NDCrash portal. Each report costs $7. Official request page
Checking a North Dakota lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: North Dakota Supreme Court – Attorney Search
- Lawyer referral: State Bar Association of North Dakota – Lawyer Referral Service
90 people died in motor vehicle crashes in North Dakota in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›When can I sue the other driver for pain and suffering in North Dakota?
Generally only if your medical expenses exceed $2,500 or you have a serious and permanent disfigurement or a disability lasting more than 60 days (N.D. Cent. Code ch. 26.1-41). Below that threshold, your own PIP pays your economic losses.
›How long do I have to file a North Dakota crash lawsuit?
Generally 6 years from the date of the injury (N.D. Cent. Code § 28-01-16(5)), and 6 years for vehicle damage. Wrongful death claims are much shorter, generally 2 years from the date of death (§ 28-01-18).
›What does PIP pay after a crash in North Dakota?
Basic no-fault benefits of $30,000 per person for economic losses such as medical bills and lost income. Your own insurer pays them regardless of who caused the crash.
›What are the deadlines for a claim against the State of North Dakota?
You generally must give written notice on the state's claim form within 180 days after you discover the injury, and sue within 3 years (N.D. Cent. Code §§ 32-12.2-04(1), 28-01-22.1). Liability caps rise to $500,000 per person and $2,000,000 per occurrence on July 1, 2026, with no punitive damages.
›Which crashes must be reported in North Dakota?
Crashes causing injury, death or total property damage of $4,000 or more must be reported immediately to local police inside a city, or to the county sheriff or Highway Patrol outside a city (N.D. Cent. Code § 39-08-09). These reports can be ordered through the NDDOT NDCrash portal for $7.
Sources
- N.D. Cent. Code ch. 28-01 – Limitations of actions (ND Legislative Branch)
- N.D. Cent. Code ch. 32-03.2 – Comparative fault (ND Legislative Branch)
- N.D. Cent. Code ch. 32-12.2 – Claims against the state (ND Legislative Branch)
- N.D. Cent. Code ch. 26.1-41 – Auto accident reparations (no-fault) (ND Legislative Branch)
- N.D. Cent. Code ch. 39-16.1 – Financial responsibility (ND Legislative Branch)
- N.D. Cent. Code ch. 39-08 – Accident reporting (ND Legislative Branch)
- North Dakota Highway Patrol – Request a Crash Report
- North Dakota Courts – Other Resources (self-help)
- North Dakota Courts – Attorney Search
- IIHS – Fatality Facts, state by state (NHTSA FARS)