Auto Insurance Claims in North Dakota: Guide

state-guide3 min readUpdated 7/22/2026

Summary

North Dakota is a no-fault state that follows modified comparative negligence (51% bar), with minimum liability limits of 25/50/25 ($25,000 per person / $50,000 per accident / $25,000 property…

North Dakota Car Insurance Claims: Deadlines, Limits & Your Rights

North Dakota is a no-fault state that follows modified comparative negligence (51% bar), with minimum liability limits of 25/50/25 ($25,000 per person / $50,000 per accident / $25,000 property damage). North Dakota is a no-fault state with required PIP and UM. Modified comparative negligence (51% bar) applies. Minimum coverage is 25/50/25.

How fault works in North Dakota

North Dakota is a no-fault insurance state, which means your own insurer pays your medical bills and certain losses through Personal Injury Protection (PIP) regardless of who caused the crash, and your right to sue the other driver is limited unless your injuries cross the state's serious-injury threshold.

You can recover as long as you were no more than 50% at fault; cross the 51% line and you recover nothing. North Dakota uses this more common version of the rule, so an even split of fault still leaves you able to claim.

Filing deadlines (statute of limitations)

Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:

Claim typeDeadline in North Dakota
Bodily injury6 years from the accident
Property damage6 years from the accident

Statutory basis: Six-year statute. NDCC 28-01-16.

Minimum coverage required in North Dakota

Every North Dakota driver must carry at least:

  • $25,000 bodily injury liability per person
  • $50,000 bodily injury liability per accident
  • $25,000 property damage liability
  • Uninsured/underinsured motorist coverage is required in North Dakota
  • Personal Injury Protection (PIP) is required in North Dakota — your own policy pays your medical bills first.

These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.

Know your rights when dealing with adjusters in North Dakota

North Dakota is a one-party consent state, so you may legally record your own calls with an adjuster as long as you are part of the conversation — useful for keeping an accurate record of what the insurer promised.

North Dakota has a statutory bad-faith / unfair-claims-practices law, which can entitle you to penalties, interest, or attorney's fees when an insurer handles your claim improperly.

How to file your North Dakota claim, step by step

  1. Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
  2. Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
  3. Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
  4. Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
  5. File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.

Where to get help in North Dakota

If an insurer won't deal fairly, your regulator is North Dakota Insurance Department. You can file a complaint at https://www.insurance.nd.gov/consumers/file-complaint. General information: https://www.insurance.nd.gov.

Key takeaways for North Dakota

  • North Dakota is a no-fault state using modified comparative negligence (51% bar).
  • You generally have 6 years to sue for injuries and 6 years for property damage.
  • Minimum liability limits are 25/50/25.
  • UM/UIM coverage is mandatory. PIP is required.
  • Your regulator for complaints is North Dakota Insurance Department.

Educational information, not legal advice. Laws change — confirm current rules with North Dakota Insurance Department or an attorney licensed in North Dakota. Last reviewed June 2026 · InsurifyAI Knowledge Hub.

Fighting a lowball offer or a denied claim?

InsurifyAI helps you build the demand letter, appeal, or total-loss dispute — pay only when you have a claim to file.

Get started free