North Dakota Car Accident Settlement Calculator and Laws (2026)

North Dakota filing deadlines

N.D.C.C. 28-01-16(4)-(5) (6 years: injury to person not arising on contract; injuring goods or chattels); N.D.C.C. 28-01-18(4) (2 years: death); N.D.C.C. 32-12.2-04(1); N.D.C.C. 32-12.1-10(1). Counted from the accident date in most cases.
Claim	Deadline
Personal injury lawsuit	6 years
Vehicle and property damage	6 years
Wrongful death	2 years

Personal injury from negligence falls under the 6-year catch-all in 28-01-16(5); 28-01-18 (2 years) covers libel, slander, assault, battery, malpractice and death. Wrongful death accrues at death.

If you were partly at fault

North Dakota follows modified comparative negligence, 50% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more).

With $100,000 in damages and 30% of the fault, you would recover $70,000.
With 55% of the fault, you would recover $0, because the rule bars your claim.

Barred if plaintiff fault is as great as (equal to or more than) the combined fault of all others; recover at 49%. Several (not joint) liability except concerted action.

Source: N.D.C.C. 32-03.2-02. Compare all states in the comparative negligence table.

No-fault state

Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of $30,000 basic no-fault benefits per person (economic loss; work/survivor loss capped at $150 per week). The threshold to claim pain and suffering from the at-fault driver: Can sue for pain and suffering only for a "serious injury": death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500

26.1-41-08 exempts a secured person from liability for noneconomic loss unless the injury is a serious injury, and for economic loss to the extent of basic no-fault benefits. Basic no-fault benefits are capped at $30,000 per person per accident.

Minimum car insurance in North Dakota

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Property damage limit in same section: twenty-five thousand dollars. UM must be provided in limits set forth in 39-16.1-11 (26.1-40-15.2,; UIM must be provided at limits equal to UM.

Damage caps

North Dakota does not cap pain and suffering in ordinary car accident cases. Punitive damages: Exemplary damages may not exceed the greater of 2 times compensatory damages or $250,000 (N.D. Cent. Code 32-03.2-11(4))

Chapter 32-03.2 allows compensation for noneconomic damages without a dollar cap for ordinary personal injury. North Dakota has a separate medical malpractice noneconomic cap.

Dog bite law

One-bite rule (no strict liability statute). No dog bite strict liability statute found; N.D.C.C. ch. 42-03 only treats dogs that habitually molest travelers as a public nuisance.

Source: . Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in North Dakota?

6 years from the accident for an injury lawsuit and 6 years for vehicle damage (N.D.C.C. 28-01-16(4)-(5) (6 years: injury to person not arising on contract; injuring goods or chattels); N.D.C.C. 28-01-18(4) (2 years: death); N.D.C.C. 32-12.2-04(1); N.D.C.C. 32-12.1-10(1)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is North Dakota a no-fault state?

Yes. Your own personal injury protection (PIP) pays your medical bills and lost wages first, whoever was at fault. To sue for pain and suffering: Can sue for pain and suffering only for a "serious injury": death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500

What happens if I was partly at fault in North Dakota?

North Dakota follows modified comparative negligence, 50% bar (N.D.C.C. 32-03.2-02). Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more).

What is the minimum car insurance in North Dakota?

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage (25/50/25). Uninsured motorist coverage is also required.

Does North Dakota cap pain and suffering damages?

Not in ordinary car accident cases. Chapter 32-03.2 allows compensation for noneconomic damages without a dollar cap for ordinary personal injury. North Dakota has a separate medical malpractice noneconomic cap.

Sources

Checked against official North Dakota sources November 5, 2026.